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ACH PR
African Commission on
Human and Peoples' Rigt1tS
Human Rights our
Collective Responsibility
Complainants also submitted that their livestock is their "wealth" within the
ambit of Article 21(1) of the African Charter. The Complainants contend that the
loss of the annual floods to the Gibe III dam will affect their ability to grow crops
that will sustain them for the greater part of the year and deny the people the
right to "freely" dispose of their natural resources without their free, prior and
informed consent. The Complainants submitted that the Respondent State's
proposal to r~lease annual floods will not cure the breach of Article 21(1) of the
African Charter.
220. The Complainants also submitted that the loss of the peoples' traditional lands to
the Kuraz will also entail the loss of all or most of the Complainants' livestock
which previously grazed on them and will have no choice but to sell their cattle.
The Complainants contend that even if the Omo River 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 to lands upon which to graze
their cattle will still have violated the Complainants' rights under Article 21(1) of
the African Charter because of the manner in which the Respondent State has put
its plans into effect. This is because the provision of substituted lands to displaced
members of the affected communities, the Complainant submitted, would
sedentarise the pastoralist communities and justify a violation of Article 21(1) of
the African Charter.
221. The Respondent State submitted that the continuation of the annual floods
through midlevel ou tlets installed on the dam by the EEPCO to allow for
controlled will support continued flood retreat agriculture for those who wish to
pursue that practice. The Respondent State also submitted that the Sugar
Corporation did not deprive any of the seven named peoples their wealth or
natural resources because the people have welcomed the projects and consider
them as gateways to hasten development in the South Omo Zone.
222. The Respondent State submitted that the ancient practice of annual flood retreat
agriculture is neither predictable nor provides sustainable food security for the
people, issues which the projects are intended to solve. For those in the South
Omo Zone who wish to continue flood retreat farming, the government argues
that the EEPCO has installed outlets on the Gibe III dam at great cost to allow
those farmers much more secure, regulated, and timely flooding occurrences as
they continue to transition into more sustainable livelihoods.
An Ofjlal1 of lhe
AfriGan 6~))
Union
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47
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