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African Commission on
Human and Peoples' Rights
Human Rights our
Collective Responsibility
82. The Complainants submitted that the rights conferred by Articles 20(1), 21(1),
22(1)and 24 of the African Charter are not qualified and that the principle of selfdetermination is a common thread that connects all the aforementioned Articles
of the African Charter. They also noted that none of these Articles was subject to
the proviso attached to the right to property contained in Article 14 of the African
Charter, which states that property may be encroached upon "in the interests of
public need or in the general interest of the community."
83. The Complainants relied on Article 10 of the Vienna Declaration and Programme
of Action supported by the Respondent and 170 other States, which states that:
"While development facilitates the enjoyment of all human rights, the lack of
development may not be invoked to justify the abridgement of internationally
recognized human rights." They also submitted that not even the desire to
increase food security can trump human rights as affirmed by the United Nations
Food and Agricultural Organisation.v
84. As such, the Complainants submitted that the issue for the Commission's
determination is not whether the Complainants will "benefit" from Gibe III or
Kuraz or whether their rights can be encroached upon in the general interest of
the community, but rather whether in its rush to complete these projects, the
Respondent State had acted in breach of Articles 20(1), 21(1), 22(1) and/ or 24 of
the African Charter.
85. The Complainants submitted that two deep-rooted attitudes of the Respondent
State have led to the breach of each of these Articles of the African Charter: Firstly,
the Respondent's apparent indifference to the rule of law. They submitted that
the Respondent State had repeatedly shown that it was not prepared to allow its
procurement and environment impact assessment laws designed to protect
people and the environment to stand in the way of "progress".23
86. Second, the Complainants submitted that the Respondent State is determined to
get rid of the pastoralist way of life of the Lower Omo people. They submitted
that the Respondent considers the Lower Omo people as backward and
uncivilised and seeks to transform them into farmers at the earliest opportunity.s+
in contravention of its constitutional obligation to protect pastoralists under the
An Orgel) 01 the
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17