ACHPR
African Commission on
Human and Peoples' Hiqhts
Human Rights our
Collective Responsibility
is because peoples' rights are equally as important as individual rights.31 In this
particular case, the communication alleges a violation of the rights of several
groups of indigenous populations domiciled in the territory of the Respondent
State. Having regard to the nature of the complaint, the Commission will now
proceed to consider each of the allegations of the Complainants.
Alleged violation of Article 20(1) of the Charter
166. The Complainants allege that by virtue of Article 20(1) of the African Charter, the
indigenous peoples of the Lower Omo are, at the very least, entitled to be given
an opportunity to effectively participate in the decisions whether to embark on
Gibe III and Kuraz and the opportunity either to give or. withhold their prior
informed consent to both projects. And that the Respondent State's failure to
afford them either of these opportunities is a breach of the right to selfdetermination under Article 20(1) of the African Charter.
167. Article 20(1) of the African Charter provides that:
All peoples shall haue right to existence. The1jshall have the unquestionable and inalienable
right to self-determination. They shall freely determine their political status and shall pursue
their economic and social development according to the policy they havefreely chosen.
168. In the case of Centre for Minority Rights Development (Kenya) and Minority Rights
Group (on behalf of Endorois Welfare Council) v Kenya (Endorois case), the
Commission held that Article 20 of the African Charter provides for peoples to
retain rights as collectives.F
169. Based on the nature of the complaint, the Commission considers it relevant to
first bear its mind on whether the victims are, indeed, "peoples" and whether
they qualify as "indigenous" groups within the contemplation of the African
Charter, before addressing the substantive issue of their right to selfdetermination under the African Charter.
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