Substance
Indigenous Peoples

In identifying what constitute and indigenous population ‘the relevant factors to consider are
the presence of priority in time with respect to the occupation and use of a specific territory; a
voluntary perpetuation of cultural distinctiveness, which may include aspects of language,
social organisation, religion and spiritual values, modes of production, laws and institutions;
self-identification as well as recognition by other groups, or by State authorities that they are
a distinct collectivity; and an experience of subjugation, marginalisation, dispossession,
exclusion or discrimination, whether or not these conditions persist’ (African Commission on
Human and Peoples’ Rights v Kenya, application 006/2012, Judgement, 26 May 2017, para
107).

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