Human Rights our
Collective Responsibility
implementing a seasonal release of controlled floods from the dam. Second is the
long-term measure of training members of affected communities on more
sustainable irrigation farming for improved yields and livestock production.
These claims are supported by the written declarations of the Respondent's
witnesses. The Respondent also debunked the Complainants' submissions that
the construction of the dam will lead to a loss of vegetation cover, loss of fishing
and access to the river for livestock was unsupported.
260. In the Ogoni case, the Commission found that the evidence of pollution caused
by oil development on the territories of the Ogonis amounted to a violation of
the people's right to a general satisfactory environment. In the present case, the
Commission is not satisfied that the evidence provided by the Complainants
have made out a case to show that the Respondent State has violated the peoples'
right to a sa Lisfactory environment. There is also no evidence before the
Commission that the development of the Kuraz has affected or will affect any
vegetative cover or access to water for their livestock and for fishing in the South
Omo zone. For the right to a general satisfactory environment to be considered
to have been violated, a Complainant must prove that the existing conditions for
normal life have been substantially upset by the activities of the Respondent or a
third party supported by the Respondent. In the absence of any such evidence,
the Commission finds tha t there has been no violation of Article 24 of the African
Charter.
Decision of the Commission on the Merit
261. In view of the above, the Commission:
(i)
Finds that the Respondent State has not violated the provisions of Articles
20(1),21(1),22(1) (in respect of Gibe III dam) and 24 of the African Charter.
(ii)
Finds that the Respondent State violated Article 22(1) of the African
Charter in respect of the Kuraz Sugar Project.
(iii)
Requests the Respondent State to conduct an environment, social and
human rights impact assessment study on the Kuraz Sugar Project to
determine the potential or actual adverse impacts of the project on the
indigenous peoples of the Lower Omo; or if the report of such a study
already exists, requests that the Respondent State immediately discloses
the report publicly and make it directly available to the affected peoples
of the Lower Omo and the general public, within ninety (90) days of the
notification of this decision.
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58
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