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African Commission on
Human and Peoples' R qhts
Human Rights our
Collective Responsibility
252. Article 24 of the African Charter provides that:
All peoples shall have the right to a general sati~factonj environment favourable to their
deuelopnte n t.
253. In the Guidelines on the Right to Water in Africa, the Commission noted that States
parties should ensure that both state and non-state actors alike respect the rights
of peoples to a satisfactory environment.f"
254. Similarly, in the In the Ogoni case, the Commission held that the right of peoples
to a general satisfactory environment not only entails the right of a people to a
clean, safe and healthy environment, but also imposes an implied obligation on
State Parties to take reasonable measures to avoid environmental degradation,
promote conservation and secure an ecologically sustainable development and
use of natural resources.s? In that case, the Commission
observed that
government's compliance with Article 24 of the African Charter:
... must also include ordering or at least permitting independent scientific monitoring of
threatened environments, requiring and publicizing environmental and social impact studies
prior to any major industrial deoelopnient, undertaking appropriate monitoring and providing
information to those C011l71l1.1I1ities
exposed to hazardous materials and activities and providing
meaningful opportunities for individuals to be heard and to participate in the development
decisions affecting their conintunitiesw
255. The Complainants
submitted that the Constitution of the Respondent State
recognizes the right of the people to both consultation and expression of their
views in the planning and implementation of environmental policies and projects
that affect them directly." The Complainants submitted that in breach of both the
African Charter and its Constitution, the Respondent State failed to conduct any
meaningful assessment of the environmental impact of Gibe III or any assessment
at all of the impact of Kuraz.
256. The Complainants submitted that not only will Gibe III end the annual floods,
but that the Omo people will no longer be able to recession cultivate sorghum,
millet, maize, peppers or beans. The Complainants submitted that even if the
people are actually able to use the new irrigation channels, these are likely to be
far less sustainable. The Complainants also submitted that the Gibe III reservoir
will capture vast quantities of water which would have otherwise continued 600
African Commission ,Guidelines all tile Right to Wnter in Africa' (2019) para 10 (also paras 3.2, 16.5, 16.9,
30.3 & 33.2).
89 Ogoni case (n 75 above) para 52.
90 Ogoni case (n 75 above) para 53.
91 Ethiopian Constitution Article 91(3).
88
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