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I. African Commission on
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Human Rights our
Collective Responsibility
Human and Peoples' Hintlts
sugarcane plantations and establish a total of 4 sugar factories.sf The Respondent
State re-emphasised that no single individual in the South Zone has been or will
be displaced from his or her home as a result of the sugar development project.
224. Article 21(1) of the African Charter is closely associated with the right to selfdetermination under Article 20(1) of the African Charter.v? The Commission
agrees with the Complainants that the flood retreats forms part of the water
resources of the Respondent State as well as the Lower Omo peoples. In the
Guidelines on the Right to Wnter in Africa 2019, the Commission observed that
indigenous peoples' access and use of natural resources in their territory are
intrinsically related to their right to life, food, self-determination and the right to
exist as a people.?? Similarly, in the Principles and Guidelines on the Implementation
of Economic, Social and Cultural Rights in the African Charter on Human and Peoples'
Rights, the Commission declares that:
States parties have an obligation to ensure the free, prior informed consent by indigenous
populations/com niunities to any exploi iation of the resources of their traditional lands and that
they benefit accordingnj.r'
225. As such, indigenous peoples have a right to participate in the decision to harness
or dispose of their natural resources by the State. The Commission also affirmed
the responsibility of States to ensure natural resource stewardship with and in
the interest of the populations within their jurisdiction and affirmed the
imperative to fulfil this responsibility in conformity with international human
rights standards"
226. Similarly, in Resolution 224(LI)2012 on a Human Rights-Based Approach to
Natural Resources Governance, the Commission emphasised the responsibility
of States to take all necessary measures to ensure participation, including the free,
prior and informed consent of communities, in decision making related to natural
resource governance.v' The Commission noted in that Resolution that States
should ensure that respect for human rights in all matters of natural resources
An Ofw~n ot the
Afriqan (/.i,~,.,~)
Union ~"""/.
48
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