6 Kiprotich “Endorois finally return”, above at note 2.
7 Endorois judgment, above at note 3 at paras 10–13.
9 Id at paras 23–56. Kenya never made submissions on admissibility, obliging the Commission to rule to admit the communication without having received a submission from Kenya. Although Kenya later submitted arguments opposing admissibility along with its arguments on the merits, the Commission refused to reconsider its previous decision on admissibility: id at paras 57–70.
10 See African Charter, art 22.
11 Endorois judgment, above at note 3 at paras 144–62.
16 Endorois judgment, above at note 3 at para 151.
18 “Report of the African Commission's Working Group of Experts on Indigenous Populations/Communities” (2005, the Commission and International Work Group for Indigenous Affairs) (WGIPC Report), adopted by the Commission at its 28th ordinary session, at 8; see also resolution on the adoption of the report of the WGIPC (2003): ACHPR/Res.65 (XXXIV) 03, available at: <http://www.achpr.org/english/_doc_target/documentation.html?../resolutions/resolution70_en.html> (last accessed 24 April 2010).
21 Barelli M “The role of soft law in the international legal system: The case of the United Nations declaration on the rights of indigenous peoples” (2009) 58 International Comparative Law Quarterly 957 at 961; see also WGIPC Report, above at note 18 at 12.
22 Endorois judgment, above at note 3 at para 150, citing WGIPC Report, id.
23 Endorois Judgment, id at para 151.
24 International Labour Organization Convention No 169 Concerning Indigenous and Tribal Peoples in Independent Countries (1989), art 1(1)(b).
25 Endorois judgment, above at note 3 at para 153.
26 IACtHR series C no 124 (2005).
27 IACtHR series C no 172 (2007).
28 Endorois judgment, above at note 3 at paras 159–60 and 198.
30 See generally WGIPC Report, above at note 18.
32 Endorois judgment, above at note 3 at footnote 58.
43 Id at para 240; see also para 170.
45 Endorois judgment, id at paras 172–73.
47 Id at para 246. The Commission cites “Guidelines for national periodic reports” in Second Annual Activity Report of the African Commission on Human and Peoples' Rights 1988–1989: ACHPR/RPT/2nd, annex XII.
51 Id at para 250; see also para 173.
53 Id at para 186, citing Malawi African Association, above at note 15; SERAC v Nigeria, above at note 14.
54 Id at para 187, citing WGIPC Report, above at note 18.
55 See Endorois judgment, above at note 3 at paras 192–93, citing Saramaka People v Suriname, above at note 27. See also id at para 208, citing Mayagna (Sumo) Awas Tingni Community v Nicaragua IACtHR series C no 66 (2000).
56 UN Declaration on the Rights of Indigenous Peoples (2007): UN doc A/RES/61/29. The Commission noted that arts 26 and 27 call for ownership over lands “occupied or otherwise used”: Endorois judgment, id at para 207.
57 Endorois judgment, id at para 204.
59 See id at paras 192–93 and 206, citing Saramaka People v Suriname, above at note 27. See also Endorois judgment, id at para 207, citing Mayagna (Sumo) Awas Tingni v Nicaragua, above at note 55.
60 See Endorois judgment, id at para 261, citing IACtHR jurisprudence including: Yakye Axa Indigenous Community v Paraguay IACtHR series C no 125 (2005); Sawhoyamaxa Indigenous Community v Paraguay IACtHR series C no 146 (2006); Saramaka People v Suriname, id.
61 Endorois judgment, id at paras 266–67, noting the decision in Saramaka People v Suriname, id.
63 Id at para 213. The Commission noted its conclusions in Constitutional Rights Project, Civil Liberties Organization and Media Rights Agenda v Nigeria Commission comm nos 140/94, 141/94 and 145/95 (1999).
68 See id at paras 196, 199 and 206.
71 Id at para 235; see also at para 215.
72 Id at para 236; see also at paras 229–31 and 236.
76 Id at para 283, quoting UN Declaration on the Right to Development, above at note 73 at art 2.3.
77 Id at para 279, quoting UN “Preliminary working paper on the principle of free, prior and informed consent of indigenous peoples in relation to development affecting their lands and natural resources that they would serve as a framework for the drafting of a legal commentary by the Working Group on this concept” (2004): UN Doc. E/CN.4/Sub.2/AC.4/2004/4.
78 Id at paras 281 and 289.
97 Id at sec 3.6.6 (198).
98 See WGIPC Report, above at note 18 at 15–19 for discussion of these and other indigenous groups in Africa.
99 SERAC v Nigeria, above at note 14 at para 68.
100 For a general discussion of the increasing demand for land in Africa see L Cotula et al Land Grab or Development Opportunity: Agricultural Investment and International Land Deals in Africa (2009, FAO, IIED and IFFEAD), available at: <www.ifad.org/pub/land/land_grab.pdf> (last accessed 24 April 2010).