The African Court of Human and Peoples’ Rights Decision in the Ogiek Case: An Appraisal

In this chapter, using the Ogiek case as pivot, our objective is to articulate key questions about the position of the African Court on Human and Peoples’ Rights (ACtHPR or the Court) on its jurisdiction (including the subjects of access, admissibility and state sovereignty) and relationship with the ACHPR. More substantively, as the Ogiek decision turns on the ‘indigenous people’ concept, this work raises the question of the applicability or appropriateness of the concept in sub-Saharan Africa, more so in the natural resource governance context. We contend that the three themes of – jurisdiction, ACtHPR-ACHPR relationship, and the concept of indigenous people – have the potential to shape the future of the court and the perception (cooperation) of African States of the court significantly, in the next years. In part II, we summarize the Ogiek decision by focusing on facts pertaining to the above themes. In Parts III, IV and V, we analyze more deeply the triad themes of jurisdiction, ACtHPR-ACHPR relationship, and the concept of indigenous people. Noting that the ‘positive’ perception of African States to the decisions of the court is crucial to such States’ cooperation, an attempt to sketch a pragmatic yet progressive agenda for the court in respect of the afore-listed themes will be made in part VI. It should be emphasized that this chapter focuses more on articulating questions on the highlighted themes than giving conclusive answers on them. We hope that in articulating the questions clearly and bringing possible implications of extant positions to light, the court, and indeed African human rights jurisprudence, will be further strengthened.