ACHPR
African Commission on
Human Rights our
Collective Responsibility
Human and Peoples' Rights
fact that as" peoples" the members of the affected communities in the Lower Omo
had an "unconditional right to self-determination" under Article 39(1) of the
Constitution of the Federal Democratic Republic of Ethiopia (Constitution). It
argued that this could only be because the Respondent State accepts that the
victims are "peoples" under the Constitution and the African Charter.
176. In its response, the Respondent State did not challenge the characterization of the
peoples of the Lower Omo as "indigenous peoples". Rather, the Respondent
submitted that Ethiopia is a "rich mosaic of nations, nationalities and peoples"
who speak more than 80 languages and has often been described as a "museum
of peoples."38
177. From these submissions, it is not in contention that the seven identified groups
of the Lower Omo in the Respondent State are "peoples" and therefore fall within
the purview of Article 20(1) of the African Charter. However, the absence of any
contention between the parties on whether the victims are "peoples", by itself, is
not a sufficient basis for grounding a finding that they are such within the context
of the African Charter. For purposes of certainty, the Commission's criteria for
determining whether a collective of individuals constitute a "people" or group of
"peoples" weighed against the established facts of each case should continue to
be the objective basis for making such an assessment under the African Charter.
178. Based on the evidence presented before the Commission, including specifically
the Ethnographic Map of South Om039 attached to the Complaint, it is clear that
the seven communities allegedly affected by the Gibe III dam and the Kuraz
Sugar Project have historically lived on the banks of and around the Omo River
in the Respondent State. They are said to be pastoralist in nature, with cultures
and traditions peculiar to each of them.
179. Besides the Respondent State's Constitution referencing its diverse population as
a collection of "nations, nationalities and peoples,"40 the seven affected
communities are factually shown to be domiciled along the Omo River, which is
located in a unit of the Ethiopian federation known as the Southern Nations,
Nationalities and Peoples Regional State (SNNPR). They are also factually shown
to be largely pastoralist communities, each having its own ancestral lands,
historical tradition, ethnic identity and cultural homogeneity common to it.
180. The Commission considers that the seven affected
established in its jurisprudence
for recognition as
Respondent's written brief on the Merits para 15.
Annexure 1 to the Complaint dated 16 April 2012.
40 Constitution of Ethiopia Art 8(1).
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