the impacts of the activities of extractive industries should not be restricted
in any way, including through statutes of limitations in accessing the courts.
50. Under Article 24 of the African Charter, in case of a threatened environment,
the duty to protect entails that proper scientific monitoring and relevant
corrective measures are undertaken by the State. Similarly, in cases of
despoliation or pollution of the environment, the relevant legislative and
regulatory rules should lay down the standards and processes to be applied
for a) assessing the despoliation or pollution, b) the clean-up and restoration
of the affected environment, and c) the compensation of the affected
persons/peoples.
51. The third duty is the duty to promote the rights. As the African Commission
puts it, this entails that the State should make sure that individuals are able
to exercise their rights and freedoms. This they should do, for example, by
promoting tolerance, raising awareness, and even building infrastructures.
In the context of Articles 21 and 24, the duty to promote involves enacting
the relevant implementing legislation and elaborating policies and action
plans for enabling the general public and particularly potentially affected
local people to have advance and continuous access to all the relevant
information on natural resources and the environment. It also entails
that the relevant regulatory bodies are equipped with and duly mandated
to disseminate such information, and undertake awareness creation and
public education activities. In the current reality of limited resources and
institutional capacity, one way of realizing the duty to promote is to create
the conducive legal conditions that would enable members of society, local
communities and civil society actors to organize and engage in promotional
activities particularly those relating to public education and awareness
creation as well as effective participation in decision-making processes.
52. In addition to and related to information is the provision of guarantees for
undertaking consultations with and ensuring the participation of the wider
public in general and local people in particular, including vulnerable groups
and children. As part of the duty to promote, States are accordingly required
to ensure that the public is availed adequate opportunities for consultation
about and rich and rigorous participation in decision-making processes on
plans for both industrial exploration and extraction of natural resources and
other large-scale activities with potential environmental and social impacts.
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