Joint Intervention to the UN Sub-Commission, on the situation of minorities in Africa

12 August 2003

Thank you Madame,

I speak on behalf of Minority Rights Group International and the African Society of International and Comparative Law.

Minority Rights Group International has just published a Briefing Paper on Recognizing Minorities in Africa.1 As the paper points out, some states in Africa are not paying sufficient attention to the rights of minorities. These states appear to have concerns regarding the use of the term 'minority', as elaborated at the international level, to refer to marginalized ethnic, linguistic and religious groups in Africa. In order to secure the rights of minorities, the challenge today is to accommodate ethnic diversity, to promote the richness of ethnic groups' values and to combat political, economic and social exclusion, in line with their fundamental rights as articulated in international law. This leads to the protection and promotion of human rights, constructive co-existence and conflict prevention, and serves as a means of countering the manipulation of ethnic identities for political purposes. To start with, recognition of the existence of minorities would help to achieve the aims of preserving their identities and obtaining equality with all other groups in that state, including in relation to participation in political life as well as in development issues. The key criterion that is increasingly accepted internationally in the determination of minority status is that of self-identification.

It is of considerable importance in this regard to consider the concept of minorities in the African context; where political elites have exploited ethnic, tribal or religious differences for political ends and where, for example, numerically smaller groups may exert political dominance or where numerically larger groups (for example the Hutu in Rwanda or the Oromo in Ethiopia) have largely been excluded from political power. Another issue of concern to minorities in Africa is the denial of citizenship to particular groups despite the fact that the right to a nationality is a well-established tenet of international law, even in cases where the groups in question have been established in the country for decades. The questions of citizenship and naturalization continues to be a major concern in Africa and is linked to participation in public life or access to lands, as is the case in the Democratic Republic of Congo, Kenya, Zambia and Cote D'Ivoire.

Significantly, while the African Charter on Human and Peoples' Rights makes no specific reference to minorities, it has been the practice of the African Commission on Human and Peoples' Rights to address the issue of minorities within the context of its review of the implementation of provisions of the Charter,2 and that a minority rights approach is also reflected in state reporting Guidelines. The recognition of the distinct identities of minorities does not pose a threat to national unity, nor does it undermine the objective of nation-building - as has been the concern of some African states. It is widely recognized that there is a direct link between conflicts and the violation of minority rights.3 Further (as the situation of the Sengwer in Kenya and the Wayeyi Botswana illustrate), the struggle for recognition as a distinct group within the state is a sine qua non for ensuring their participation on an equal basis in decision-making processes that directly affect their communities. The right of minorities to participate effectively in cultural, religious, social and economic, and public life4 is a major concern which needs to be acknowledged, including with regard to the implementation of the New Partnership for Africa's Development (NEPAD).5 As the Acting High Commissioner for Human Rights recently noted in his address to the High Level Working Session of the African Peer Review Panel:6 "The protection of minorities and vulnerable groups [would] require particular attention ... It would be important to develop in 7Africa a framework of norms and institutions for the protection of minorities".

Despite the attention given to the terrible ethnic conflicts that continue to mar African history, there has been little international attention given to traditional African methods that successfully mediate between ethnic groups, resolve conflicts and strengthen relations. As efforts are made to ensure protection of minorities in Africa in accordance with international law, it will also be useful to draw upon some of these traditions to build truly multicultural societies in Africa.

An example of governments' negligence of traditional methods and their tendency to manipulate tribal differences, is the dire situation of fundamental rights and freedoms in the Darfur region (Western Sudan). The situation has unfortunately degenerated into a full blown internal armed conflict launched by the indigenous African tribes against the government authority since mid-March 2003 when an armed political group known as the Sudan Liberation Army and Movement declared war against the government. This serious development was the result of systematic and gross atrocities committed against the indigenous people of Darfur by nomad tribal militiamen, who have reportedly been supported and armed by the government during the last three decades. As a result of the ongoing carnage in Darfur since the 1980s, thousands of innocent people have lost their lives, properties and livelihood. During the last two months (June - July 2003) the fighting intensified greatly as a result of the direct involvement of the national army and other security forces in raids and attacks against the inhabitants of Darfur. Government policies of ethnic and cultural discrimination led to the current situation of conspicuously polarised ethnic and tribal positions in the region, which threaten harmony and peaceful coexistence between the different African and Arab groups that make up the population. We should emphasize that this situation is very dangerous given the volatile multi-ethnic, multi-cultural and multi-religious nature of the country. It is so acute and so urgent that immediate action is solicited to address the crisis before it causes more suffering and violations of human rights.

Finally, we would like to inform the Sub-Commission that an NGO Coalition on the African Court on Human and Peoples' Rights has been established, to lobby for full ratification of the Protocol of the African Court on Human Rights.8 The Coalition will comprise National Human Rights Institutions as well as national and international NGOs, and seek to enlist membership from all countries of Africa, with designated focal points in each African country.

Thank you Madame.

1 S. Slimane, Recognizing Minorities in Africa, Minority Rights Group International, 2003. Available in English and French.
2 For examples please see S. Slimane (op. cit.)
3 1994 Declaration on a Code of Conduct for Inter-African Relations.
4 United Nations Declaration on the Rights of Persons belonging to National or Ethnic, Religious and Linguistic Minorities, Article 4(5).
5 The New Partnership for Africa's Development (NEPAD), para. 58.
6 Cape Town, South Africa, 25 July 2003.
7 Palais des Congrès, Niamey, Niger Republic, 28-29 May 2003, Final Communiqué.