Alarmed by the low respect of human and peoples’ rights in the extractive
industries sector resulting in extensive individual and collective human rights
violations;
Concerned by the exploitative terms on the basis of which the extractive
industries operate in many parts of the continent depriving the populations of
the benefits to which it is entitled and often causing adverse environmental and
social impacts further exacerbating poverty in the host communities;
Noting with deep concern the loss of a considerable amount of revenues due to weak
governance and tax regimes as well as bargaining capacity resulting in unduly
long tax holidays, disadvantageous duty-free privileges and the exploitation by
extractive companies and individuals of the loopholes in such legal regimes and
licensing contracts;
Further concerned by the increasing destruction with impunity of the environment
and ecosystems resulting from poorly regulated activities of the extractive
industries in Africa;
Convinced of the need for transforming the national legal and regulatory
framework of the activities of the extractive industries, in line with the
African Charter, to the development needs of society and the benefit of
local communities, indigenous populations/communities, women, children,
mine workers and other vulnerable groups living in the areas of operation of
extractive industries;
The Commission:
1. Requests States Parties to ensure that relevant legislation is adopted or existing
ones reviewed in order to:
a. Stipulate provisions for sharing revenues from operations of extractive
industries between national government, regional authorities and
local communities;
b. Require that licences to extractive industries are negotiated and
granted in accordance with internationally accepted rules and
standards, based on transparency and human and peoples’ rights;
c. Guarantee that all the financial terms of agreements with extractive
companies including those relating to licence fees, national and local
taxes, custom duties, royalties and shares due to the State are not
exploitative;
46 | African Commission on Human and Peoples’ Rights