:(:;,;~) ACHPR I,;\p' i I~ <..1=; 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 ----------------------------~~~~==~ An O;(lan of the African ({,r Union \.", " oo ':\ 56