Human Rights our
Collective Responsibility
potential for the Gibe III dam and the Kuraz to fundamentally change the
traditional way of life of the Omo people, the Complainants contended that the
indigenous peoples of the Lower Omo were entitled to effectively participate in
the consultation processes. That the latter did not participate in the decisions to
proceed with Gibe III and Kuraz because they: (a) were not involved in each
decision on the two projects before the legal obligation to proceed with the dam
was concluded; (b) did not participate in sufficient numbers to ensure that they
were representative of their communities as a whole; (c) knew little or nothing
about the project and so did not have sufficient knowledge of the likely impact of
the two projects on their communities to enable them-to come to an informed
view whether to support them; thought they could choose not to support the
Projects without suffering any adverse consequences, and (e) had done so
according to their customs and traditions and in form appropriate to the
circumstances.
a
192. The Complainants submitted that only about 93 members of the community,
representing 0.1% of the community and excluding the Hamar, Bodi and Kwegu,
were consulted on the Gibe III dam project over the course of six meetings held
between May and December 2007; and that even the Respondent State's own
Public Consultation and Disclosure Plan shows that people downstream of the
dam were not consulted until at least 10 months after contracts had been
exchanged. The Complainants submitted that, by that time, work had already
commenced on the dam.
193. The Complainants further submitted that, with respect to the Kuraz project, the
peoples' first knowledge of the project came about from the speech by then Prime
Minister, Meles Zenawi, delivered in Jinka in January 2011.To the Complainants,
the speech made it clear that the decision to convert the peoples' lands to sugar
cane farms and to proceed with the development that year had already been
made.w
194. Conversely, the Respondent State submitted that Ethiopia is one of the only states
in the world with constitutional guarantees of the right to self-determination
including secession, and one that has cherished the values of independence and
self-determination throughout its history. In disputing that the Omo peoples
were not adequately consulted before the decision to proceed with the Gibe III
dam and the Kuraz, the Respondent State submitted that both projects were vital
to the economic growth and prosperity of Ethiopia. The Respondent State