I'.CHP~
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Human Rights our
Collective Responsibility
Human and Peoples' Rights
(iv)
The Lower Omo peoples had done so in the knowledge that they could
choose not to support the Project without suffering any adverse
consequences; and
(v)
The Lower Omo peoples had done so according to their customs and
traditions and 'in a form appropriate to the circumstances.P
96. The Complainants submitted that none of the above criteria was satisfied in
connection with the Gibe III or Kuraz.
97. The Complainants further emphasised that, with respect to the Kuraz project,
they were given no opportunity at all to participate in the decision to plant sugar
cane on their customary lands. That their first knowledge of the project came
about from the Prime Minister's speech delivered in Jinka in January 2011;but as
the speech made clear, the decision to convert those lands to sugar cane
plantations and to proceed with the development that year had already been
made.
(ii) Alleged violation of Article 21 (1) of the Charter
98. The Complainants submitted that Article 21(1)of the African Charter gives effect
to the economic aspect of the right of self-determination established by Article
20(1).
99. The Complainants further submitted that the territories on which they have
traditionally grazed their livestock is an invaluable natural resource, which the
Kuraz project had already encroached on without their consent and due
consultation of the affected peoples. They submitted that the loss of their grazing
lands will make it impossible for the Complainants to maintain their herds. They
also submitted that by being forced by the Respondent State to sell their cattle
under the circumstances, their right not to be deprived of their wealth (and of
their means of subsistence under Article 1(2) of both the International Covenant
on Civil and Political Rights and the International Covenant on Economic, Social
and Cultural Rights has been violated.
100. The Complainants submitted that even if the Omo River and/ or the lands
allocated to sugar were regarded in whole or part as the natural resources of the
Respondent State, the denial of access to the River Omo and/ or to their grazing
lands will still have violated their rights under Article 21(1)of the African Charter
30
Endorois case.
An Oroan of the
Afri<~an(("'1
Union
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21