communities should be provided with all information on the nature of the
despoliation, on its actual and potential environmental and health impacts
and on measures to be taken.
34. People are also entitled to full, adequate and effective compensation for the
consequences of environmental damage arising from industrial activities.
Specifically, they should be compensated for material loss, livelihood
disruptions including opportunity costs and illness as well as emotional
distress resulting from such environmental damage. Where environmental
damage causes irreparable harm to the health of affected people, they
should have access to affordable health care and sustainable support and
assistance for as long as their conditions require it. They should also be
provided with support for the rehabilitation of their livelihoods.
35. Similarly, in such cases of environmental despoliation or pollution from
industrial activities, people are entitled to the measures necessary for the
cleaning up and restoration of the affected environment. Despoliation of
the environment may continue after mine closure or when the extractive
processes have come to an end. The protective measures for affected
persons continue to apply equally in such cases.
36. Under Article 24, people are also entitled to the right to justice. They should
therefore have access to appropriate judicial and non-judicial mechanisms
for raising their grievances and seeking appropriate remedy, similar to that
discussed under paragraph 24 above.
III
Obligations of States
37. Under the African Charter, States Parties to the Charter bear both general
obligations and specific duties with respect to the rights set out in the African
Charter. As stipulated in Article 1 of the Charter, the general obligation
requires States Parties to “recognise” the rights, duties and freedoms
enshrined in the Charter, and “to adopt legislative or other measures to
give effect to them.” These obligations apply to Articles 21 and 24 of the
African Charter as well. States are accordingly duty bound to give legal
application to these rights. To this end, State Parties should incorporate the
rights in these Articles into their national law. This is the first part of the
general obligation of states.
30 | African Commission on Human and Peoples’ Rights