The need for relevant tools in this regard is twofold. On the one hand the
African Commission on Human and Peoples’ Rights (the African Commission)
has to formulate appropriate tools for promoting national standards and
processes that guarantee compliance with human rights and environmental
standards and ensure that the extractive industries meaningfully contribute
to the improvement of the living standards of people. On the other hand,
the African Commission should also have at its disposal relevant tools and
mechanisms for monitoring and addressing abuses of human and peoples’
rights as a result of the extractive industries.
The issues that arise from the operations of the extractive industries concern
various civil and political as well as socio-economic rights guaranteed under
the African Charter. Unlike other international human rights instruments, the
African Charter additionally guarantees peoples’ rights. Articles 21 and 24
of the African Charter are the relevant parts of the Charter that specifically
concern the extractive industries. Article 21 guarantees the right of all peoples
to freely dispose of their wealth and natural resources. Article 24 provides for
the right of all peoples to a general satisfactory environment, favourable to
their development. These rights of peoples are at the core of the concerns
surrounding the protection of rights relating to the operations of the extractive
industries in Africa.
Over the years, the African Commission has been called upon to deal with
cases of abuses and violations of human and peoples’ rights taking place
in the context of the extractive industries. Recognizing the gravity of the
adverse human and peoples’ rights impacts of the operations of the extractive
industries in various parts of the continent and the need for addressing them,
in 2009 the African Commission established the Working Group on Extractive
Industries, the Environment and Human Rights. Within this framework of
having a mechanism focusing on this area and as part of the implementation
of the Commission’s responsibilities of reviewing the reports of States under
Article 62 of the African Charter, the African Commission has developed the
practice of formulating questions on extractive industries and the environment
in the context of the reporting obligations of States on Articles 21 and 24 of
the African Charter.
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