ACHPR
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·1
African Commission on
Hurnan and Peoples' Hiqhts
Human Rights our
Collective Responsibility
to succeed, the evidence on the record must clearly support the claim. The burden
is on the Complainants to provide direct or first-hand testimony or other primary
piece of evidence in this regard. The evidence must show that the opportunity for
the people to express their right to self-determination either through
participating in the consultation processes or to legally give or withhold their
consent to the two projects was non-existent. This, in the Commission's view, is
not the case.
215. In light of the above, the Commission finds that the right to self-determination
under Article 20(1) of the African Charter has not been violated by the
Respondent State.
Alleged violation of Articles 21 (1) of the Charter
216. The Complainants allege that the Gibe III dam project will deprive the Lower
Omo peoples of the annual floods and that the Kuraz Sugar Project has deprived
or will deprive them of the lands converted to sugar cane farms, in breach of the
peoples' right to freely dispose of their natural resources under Article 21(1) of
the African Charter.
217. Article 21(1) of the African Charter provides that:
All peoples shall freely dispose of their wealth and natural resources. This right shall be
exercised in the exclusive interest of the people. In no case shall a people be deprived of it.
218. The Commission notes generally that, under Article 21(1) of the African Charter,
the terms wealth" or natural resources" are not defined. However, in the State
Reporting Guidelines and Principles on Articles 21 and 24 of the African Charter reLating
to the Extractive Industries, Human Rights and the Environment 2018, the
Commission attempts to define both terms as concisely as possible. According to
the Commission:
II
II
'Wealth' as used in Article 21 of the African Charter refer[s] to a people's tangible and
intangible possessions hmling socio-economic value, including natural resources; and 'natural
resources' as used ill Article 21 refer to both the non-renewable resources including oil, gas and
minerals and renetoable resources, tangible and intangible, including the sun, soil, water, wind,
fauna and flora. Natural resources titus encompass all assets or materials that constitute the
natural capital of a nation.67
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