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Human Rights our Collective Responsibility Merits Summary of the parties' submissions A. Complainants=submissions 77. The arguments below are the submissions of the Complainants, having regard to their written submissions on the merits (including the Addendum to Complainants' Brief on the Merits) dated 4th September 2015, the additional observations dated 26th January 2016, the further observations dated 31st August 2016 and the latest information update on the projects, together with all the bundles of documentary evidence respectively attached to their submissions before the Commission. 78. The Complainants submitted that the Respondent State, in pursuit of the Gibel Gibe III Dam Project and the Kuraz Sugar Project ("Gibe III and "Kuraz"), has repeatedly violated the rights of the Complainants protected under Articles 20(1), 21(1),22(1) and 24 of the African Charter. 79. The Complainants submitted that the Respondent's arguments, that the claims in this Communication are designed to obstruct its development or advance a romanticised ideal of the Lower Omo people that has no place in a contemporary society, are misconceived. They submitted that the Lower Omo peoples are not opposed in principle to development or dams, and do not want or expect to be insulated from modernity. However, they submitted that contrary to what proponents of large development projects often argue that development would trickle down to the indigenous communities caught in the slipstream, projectaffected communities are most often the principal Iosers.A 80. The Complainants submitted in the context of the Lower Omo that the sugar cane project will take the best grazing land and leave the Complainants dependent on food aid, earnings from casual work on the plantations, and the sale of their photographs to tourists; and that they will not be lifted out of poverty, but driven ever deeper .into it. 81. The Complainants submitted that only if they are able to decide for themselves whether, when and how quickly they want to change their way of life is there any prospect that they will survive, let alone profit from, the huge projects now underway in the Lower Omo. 21 Cemea, Michael. Reforming the foundations of involuntary resettlement: introduction, in LV",:I'>'i'I.\I'1 and benefit-sharing. Oxford: Oxford University Press, 2008. N: O!llall of the AfriGan C:' '>.j Union ',\,,,,,,,;,,': 16

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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
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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

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