I:HP~) ACH PR l~,: , (~African Commission on Human and Peoples' Hiqhts Human Rights our Collective Responsibility Gibe III. If anything, the documents and photographic images included in its Bundle of Documents depict various instances of such consultations. In the absence of a critical piece of direct evidence from the affected peoples themselves or other compelling documentary evidence, the Commission is persuaded to give more weight to the evidence and arguments by the Respondent State, which show that the peoples were duly consulted on the Gibe III. 211. The Commission, however, emphasises that mere consultation with a few village chiefs, political administrators and traditional representatives, by itself, is insufficient consultation, if it does not lead to the effective participation of indigenous communities themselves, including women, persons with disabilities and the elderly. To not clarify this would invariably permit violating governments to substitu te the international human tights -requirement that indigenous peoples be adequately consulted on national policies with the consultation of a few partisan' leaders. In respecting. the right to selfdetermination of such communities under the African Charter/governments and corporate actors, whose business activities have potential adverse human rights implications on marginalised and vulnerable communities, have an implied human rights responsibility to ensure that they seek and obtain consent and broad community support through adequate consultation. 212. In this case, the evidence adduced by both parties shows that the seven affected peoples have exercised their right to self-determination not just through their representatives in the SNNPRS and federal governments, but also by directly participating in the public consultations on the construction of the dam and sugar factories. The Respondent State emphasises that no one in Ethiopia can be forced to relocate or reside in place where they do not want to.66 213. Based on the evidence before the Commission, there is no indication that the Respondent State has forced the affected communities either to support the Gibe III dam and the Kuraz projects or to relocate to the villages built under the CDP. Rather, through direct and indirect consultation, the Respondent State seems to be working to persuade people to move into the alternative settlements in order to benefit from basic social services and acquire new farming skills. While there remains some concerns by the affected communities, they clearly are able to ventilate those concerns to the Respondent State through the consultation process or have recourse to the local judicial process. 214. As such, for the claim that the indigenous peoples of the Lower Om given an opportunity to give or withhold their free, prior and info ',.,. 'It 66 Respondent's Written Submission on the Merit para 52(B). 45 '{0 I~

اختر الفقرة المستهدفة3

الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات