Exchange Workshop on the Rights of Indigenous Peoples held in Banjul, The Gambia

Courtesy of the African Commission.

With a view to sharing experiences, synchronizing efforts, and further enhancing collaboration between the various regional and international mechanisms working on the rights of indigenous peoples, the African Commission’s Working Group on Indigenous Populations/ Communities, in collaboration with the International Work Group for Indigenous Affairs, organized an Exchange Workshop on Indigenous Peoples’ Rights Between the Inter-American Commission on Human Rights, the ASEAN Inter-Governmental Commission on Human Rights, and the African Commission on Human and Peoples’ Rights from 5 to 6 April 2013 in Banjul, The Gambia.

The workshop brought together experts from the three regions and regional organizations and the United Nations. The UN Special Rapporteur on the Rights of Indigenous Peoples, Prof. James Anaya, was present during the workshop and made the keynote address. The UN Office of High Commissioner for Human Rights and the UN Independent Expert on Minority Issues, Ms. Rita Izsák, also attended. 

The workshop provided a platform for the exchange of experiences between the three regional organizations and that of the UN; it also provided the opportunity for these organs to lay down the grounds for future collaboration and cooperation, and synchronization of their efforts in the promotion and protection of indigenous peoples' rights. The final communique is available here.

Fellowship Opportunity at IACHR

Natural Justice strongly encourages partners to consider applying for a recently opened fellowship on Indigenous peoples' rights with the Executive Secretariat of the Inter-American Commission on Human Rights (IACHR) of the Organisation of American States (OAS). The IACHR has been a leading institution for the advancement of Indigenous peoples' rights, and fellows will support the Rapporteurship on the Rights of Indigenous Peoples. The position has been opened to provide an opportunity for young lawyers from OAS Member States to understand and apply the mechanisms of protection of the inter-American system of human rights in the area of Indigenous peoples’ rights. 

Successful applicants must be citizens of an OAS member state, be proficient in Spanish, have received a law degree after January 2005, and have a demonstrable professional interest in the legal field of human rights, specifically in the area of Indigenous peoples’ rights. Applicants must present a paper of up to five pages, not edited by another person, on a human rights issue of interest to the candidate in the area of indigenous peoples’ rights. 

Find out more about the position here.

Article on Unique Rights of Indigenous Peoples - Think Africa Press

Via thinkafricapress.com

The body of law and policy around the rights of Indigenous peoples and local communities is changing and expanding rapidly. To offer a brief overview of notable international instruments and cases relevant to the African context, Dinah Shelton of the Inter-American Human Rights Commission has prepared an article on relevant law entitled "The Unique Rights of Indigenous Peoples" for a Think Africa Press online course on ‘International Law and Africa.’ 

The article briefly explains and considers the implications of developments in three areas: the international sphere; African cases; and Inter-American cases. At the international level, ILO Convention No. 107, ILO Convention No. 169, and the UN Declaration on the Rights of Indigenous Peoples are considered. For African cases, the Endorois case at the African Commission on Human and Peoples Rights is covered. On Inter-American cases, the growing jurisprudence around land rights and the right to property, as well as the Awas Tingni judgment of the Inter-American Court, are detailed. 

The article can be accessed here. More information on the Think Africa Press course, which is offered free of charge, can be found here.

IACHR Victory for Sarayaku Community

Sarayaku President José Gualinga via amnesty.org

Indigenous peoples claimed a major victory when the Inter-American Court on Human Rights ruled in favour of the Sarayaku community of Ecuador in Sarayaku v Ecuador. The ruling is the culmination of a decade long process by the community and their legal representatives, Mario Melo and the Centre for Justice and International Law. 

The case was launched when the Ecuadorian government decided to allow a foreign oil company to encroach upon the land of the Sarayaku community without permission from the community. The court found that the government had violated the community’s right to consultation, to their property and cultural identity, and to their safety as the company had placed over 1,400 kg of explosives in their territory. 

Sarayaku leader José Gualinga said, “the Sarayaku are extremely satisfied with this victory, reached thanks to the efforts of our people and the help and solidarity of organizations devoted to the rights of Indigenous Peoples”. Fernanda Doz Costa of Amnesty International said “this sentence will have a far-reaching effect on countries across the region – it makes it crystal clear that states bear a responsibility to carry out special consultation processes before engaging in development projects affecting Indigenous Peoples and their rights.” 

Read more about the case here.