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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
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