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,"H::~, ACHPR ,I) African Commission on Human Rights our Collective Responsibility Human and Peoples' Rights repercussions for bringing domestic action against the Respondent State. Citing a "Campaign for Reform of the World Bank" report, the Complainants claim that "no groups are talking publicly about the risks of the dams due to concerns of government persecution". 38. Further citing an Amnesty International Report, the Complainants argue that NGOs are unable to bring actions on behalf of the Victims because one of the effects of the Respondent State's Charities and Societies Proclamation is "entrench ... and institutionalise the climate of fear pervading the work of human rights defenders in Ethiopia". 39. The Complainants argue further that apart from the difficulties already pointed out, there appears to be no fora capable of providingeffectiye +~f!,I,'ess for a Victim J"'" in the Respondent State because "neither the Human Rights'Commission nor the courts are able to provide the Lower Omo peoples with an effective remedy". The Complainants contend that the Ethiopian Human Rights Commission lacks the power to provide effective redress while the courts are physically and financially inaccessible to the Lower Omo peoples. " '< L , ,., :.,,~. 40. While it concedes that the access to justice situation in the Respondent State has improved since 2004,the Complainant alleges that the Lower Omo communities, including individual members of those communities cannot afford a lawyer and no member of those communities is a qualified lawyer that can take up the case. 41. The Complainants argue further that the Lower Omo peoples are also prevented from exhausting local remedies because there is no procedure for bringing legal action relating to peoples' rights before courts of the Respondent State since only individual rights are accorded legal recognition. The Complainants allege further that even a representative action is not possible as organizations such as the Mursi Indigenous Community Association which could have brought such action have had their licences revoked without reasonable cause. Accordingly, the Complainants conclude that there are no adequate, effective and sufficient local remedies to be exhausted. An Orgall of the Afriqan ~~' . "Y...'~~ U ruon "'iI'''". 7 hllps:/achpr.au.int/O " a

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Communication 419/12 - The Indigenous Peoples of the Lower Omo (Represented by Survival International Trust) v. Ethiopia

ACHPR Decision

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Type of Document

Decision

Keywords

Economic, Social and Cultural Development
Free Disposal of Wealth and Natural Resources
Indigenous Communities
Land Rights
Right to a General Satisfactory Environment
Right to Self-Determination

Case Head Notes: The Complainants state that two projects undertaken by the Respondent State, the Gibe III Dam Construction and the Kuraz Sugar Project, will deprive the Lower Omo Peoples of the practices that they have depended upon for centuries to gather food, graze livestock, and grow food. The Complainants state that the Government did not make an effort to inform the Lower Omo Peoples of the adverse impacts of the projects, and did not obtain their consent on the Gibe III Dam project before work commenced in 2006. The Complainants also state that the Kuraz Sugar Project involves the involuntary resettlement of large numbers of people, without any effort by the Respondent State to inform or consult the people prior to the start of the project. The Complainants state that many people have already been forced to move from their traditional lands to a much more arid land. The Commission found a violation of Article 22, with respect to the Kuraz Sugar Project, becuse there was no public disclosure of the impact of the project on the peoples' rights, livelihoods, and way of life. The Commission stated that providing information related to peoples' rights, livelihoods, and way of life is fundamental to the exercise of the peoples' "free, prior, and informed consent." Accordingly, since the Respondent State did not undertake, or publicly disclose an Enviornmental and Social Impact Assessment (ESIA), the Respondent State violated Article 22 with regard to the Kuraz Sugar Project. Regarding the dam, the Commission found that the Respondent State made reasonable public disclosure on the impact of the dam. The Commission found no violation of Article 20, stating that the interviews conducted, and cited, by the Complainants had no probative value since they were not signed by the interviewees or a duly authorized official, and the written depositions supporting the claims were not duly endorsed. While stating that mere consultation with a few village leaders is not sufficient to discharge the Respondent State's responsibility to consult, the Commission stated that evidence submitted by the Respondent State shows that the seven affected peoples groups exercised their right to self-determination - not just through representatives, but also by directly participating in the public consultations regarding the construction of the dam and sugar factories. The Commission found no violation of Article 21, stating that evidence showed that the Omo people were participating in consultations, directly, with the Respondent State, and through representatives and, also, because the evidence demonstrated that the potential adverse human rights impacts of the projects had been avoided or significantly mitigated. The Commission found no violation of Article 24 stating that they were not satisfied by the evidence provided by the Complainants. They state that, for a violation to be established, a Complainant must prove that the existing conditions for normal life have been substantially upset by the Respondent State, or, a third party supported by the Respondent State. The Commission requested the Respondent State to conduct, and disclose, an ESIA of the Kuraz Sugar Project and to inform the Commission of the measures taken to implement the recommendations.

Country

Ethiopia

Outcome: Decided on Merits

Year Decided: Aug 2, 2022

Rights Alleged to be Violated (ACHPR Provisions)

ACHPR 20 : Right to Self-Determination
ACHPR 20.1: Right to existence
ACHPR 21: Right to Free Disposal of Wealth and Natural Resources
ACHPR 21.1: People's right to freely dispose of their wealth and natural resources
ACHPR 22: Peoples' Right to Economic, Social and Cultural Development
ACHPR 22.1: Right to Economic, Social and Cultural Development
ACHPR 24: Right to a General Satisfactory Environment

Rights Violated (ACHPR Provisions)

ACHPR 22: Peoples' Right to Economic, Social and Cultural Development
ACHPR 22.1: Right to Economic, Social and Cultural Development

Rights Not Violated (ACHPR Provisions)

ACHPR 20 : Right to Self-Determination
ACHPR 20.1: Right to existence
ACHPR 21: Right to Free Disposal of Wealth and Natural Resources
ACHPR 21.1: People's right to freely dispose of their wealth and natural resources
ACHPR 24: Right to a General Satisfactory Environment

Duration of Procedure

Apr 16, 2012 ~ Aug 2, 2022

Country Geolocation

Latitude: 9.145000000000001

Longitude: 40.489673

Country Geolocation (linked ACHPR Decision): Ethiopia

Primary Documents

The Indigenous Peoples of the Lower Omo (Represented by Survival International Trust) v Ethiopia.pdf
English
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African Human Rights CLA 2.0

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Communication 419/12 - The Indigenous Peoples of the Lower Omo (Represented by Survival International Trust) v. Ethiopia

Primary Documents

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