Alarmed at attempts to exclude indigenous peoples of Africa in the application of World Bank Operational Policy 4.10, the Permanent Forum recommends that the World Bank immediately initiate consultations with States and indigenous peoples in Africa as part of its safeguards policy review and ensure the application of safeguards to indigenous peoples of Africa, as directed by articles 19 and 41 of the Declaration.
The Permanent Forum recognizes that many positive developments regarding the recognition of indigenous peoples and the need to protect and promote their rights have occurred over the past years and welcomes the leading role of the African Commission on Human and Peoples’ Rights and the Working Group on Indigenous Populations/Communities in Africa in recognizing indigenous peoples on the African continent and promoting their rights. Several African countries have also contributed to the development of the recognition of indigenous peoples. The Forum notes with appreciation the ratification in 2010 by the Central African Republic of the International Labour Organization (ILO) Convention concerning Indigenous and Tribal Peoples in Independent Countries (Convention No. 169); the passage by the Congo of Law No. 5-2011, on the promotion and protection of indigenous populations, and the establishment of a legal platform to address the situation of indigenous peoples in the country; the constitutional progress in Kenya in 2010; and the introduction of quotas for the Batwa indigenous people in Burundi and Rwanda. The practice by African States of supporting indigenous peoples’ rights is developing and should be encouraged.