d.
e.
f.
g.
h.
i.
j.
Require that communities and individuals residing in areas earmarked
for prospection and development of natural resources are properly
consulted, provided with all information relating to exploration and
development activities from the very inception and are assured that
exploration and development activities are undertaken with due
respect to the agreed terms protecting their rights;
Ensure that concessionary contracts are negotiated with active
participation of representatives of affected communities and
community-based organizations and that their terms are made known
to the public in accordance with the requirements of transparency
and respect for all the human and peoples’ rights in the African
Charter;
Require that all revenues received by the State from the activities
of extractive companies and the use to which they have been put
are independently audited, made known to the public in the local
languages and subject to parliamentary scrutiny;
Put in place regulatory bodies vested with the relevant powers for
ensuring that human rights, environmental and labour standards are
duly respected and environmental and social impacts are mitigated;
Impose criminal and administrative accountability for all those
involved in corrupt practices and misappropriation of public funds
accruing from the operations of the extractive industries;
Provide non-judicial and judicial grievance mechanisms accessible
to affected communities and adequately equipped and resourced for
handling cases involving extractive industries; and
Ensure the application of human rights and relevant safety and
environmental standards for protecting individuals and communities
involved in and dependent on artisanal mining with particular
attention to the rights of children, women, indigenous populations/
communities and other vulnerable groups.
2. Calls on States Parties to institute laws where these do not exist, or reform
existing laws to recognize and enshrine the obligations of extractive
industries to respect the rights in the African Charter throughout their
operation cycle, including for:
a. Implementing exploration and development activities with due
respect to the terms agreed in consultations guaranteeing the rights
and interests of host communities;
State Reporting Guidelines and Principles | 47