livelihoods of minorities, such as pastoralism, or the discrimination they face. The practice of (involuntary) displacement of minorities from their traditional lands also is common, either to make way for infrastructure and foreign direct investment projects; to establish conservation areas; or to move communities closer to basic services that are not available in their regions. The failure to address the significant economic inequalities that exist between ethnic and religious communities has resulted in instability and sometimes local or widespread conflict. Many conflicts in Africa (as elsewhere) do have an ‘ethnic grievance’ dimension, which political leaders can use to mobilize opposition support. However, it is often the most marginalised groups, such as the Batwa, that experience the greatest hardship as a result of any conflict.67 The civil society of minority groups in Africa is limited but growing. Groups have been successful in coming together for national, regional and international advocacy work (Kane 2008). The networks, for example, of pastoralist communities in East Africa and the Horn of Africa are strong, as are the networks of San and Batwa. Many communities, however, are so marginalised that they lack both the capacity and the resources to form CSOs or to organize advocacy on their concerns. 12.1.1 Standards and Mechanisms of the African Union: There are no minority-specific provisions in the African Charter on Human and Peoples Rights. Yet, encouragingly, some of the jurisprudence of the African Commission on Human Rights has supported minority communities and the African Commission has established a Working Group on Indigenous Populations/Communities. The main regional human rights instrument in Africa is the African Charter on Human and Peoples Rights (ACHPR). It was adopted by the Organization of African Unity (now the African Union) in 1981 and came into force in 1986. All African Union members are party to the Charter. The African Commission on Human and Peoples Rights, established by the Charter, monitors the implementation of the Charter through examining periodic reports presented by States, interpreting the provisions of the Charter and considering communications from individuals and States alleging violations of the Charter. By 1994, there was strong and growing feeling that the Commission was not sufficient to deal with human rights violations and there was need for an African Court that could provide enforceable remedies (the rulings of the Commission are recommendations and non-binding). A protocol to the African Charter was adopted in 1998 establishing the African Court on Human and Peoples’ Rights. In 2005, the protocol establishing the Court entered into force and the Court will commence its work once it is fully operational. Article 2 of the Charter prohibits discrimination on the grounds of “race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status” with respect to the rights in the Charter. The Charter makes no mention of minorities. However, it recognizes the collective rights of ‘peoples’ to equality, existence, selfdetermination, development, to freely dispose of their natural resources, to international peace and security and to a satisfactory environment for development (articles 19-24). The Charter does not define the term ‘peoples’. This has been the subject of much discussion. Documents from the meeting of experts convened to draft the Charter show that the aim of the principle of equality of peoples was closely linked to the fight against colonialism. Initially the Commission appeared reluctant to interpret the concept of peoples, possibly due to the lack of other international jurisprudence in this area. However, cases invoking the rights of peoples See supra note 35. 67 162 M A R G I N A L I S E D M I N O R I T I E S I N D E V E LO P M E N T P R O G R A M M I N g

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