20. In addition to the substantive entitlements provided for in the foregoing
paragraphs, Article 21 also entails procedural guarantees for its effective
realization. The first procedural guarantee is effective and genuine
consultation and substantive and rigorous participation in decision-making
on plans regarding the exploration and extraction of natural resources. This
entails that affected people living in the territories where such exploration
and extraction works are planned are provided with all the information on
all aspects of such plan, including the findings of environmental, human
rights and social impact assessments, ahead of the finalization of the plan.
Such information should be easily accessible, and should be provided at the
conception, as well as throughout the life-span of the project.
21. Effective enjoyment of and access to the entitlements and protections under
Article 21 also require that awareness creation and capacity building support
is provided to affected people. In the context of the operations of extractive
industries, such awareness creation and capacity building support should be
not only about the legal entitlements and protections to which the affected
people are entitled but also the obligations of the extractive industries and
thereby enabling local communities to monitor the operations of extractive
industries.
22. Provision of all the necessary information as negotiations for exploration
and development starts and in an accessible manner as well as substantive
and rigorous participation is particularly peremptory where exploration and
extraction of resources necessitate expropriation of land from affected
people (and hence their resettlement) or such other restriction to resources
that they depend on for their livelihood. People who may be affected
by plans for exploration and extraction activities should in particular be
provided with not only the relevant information in terms of how they may
be affected in the language that they understand but also the opportunity to
participate meaningfully and have their views incorporated in any decision
on the measures to be taken to limit and rectify the impacts. All steps should
also be taken to ensure that the impact of expropriation and resettlement
is minimized. Consultation and participation should take account of all
affected persons, at the local, regional, national and international levels,
where decisions are made about the extractive industry and ensure that their
concerns are fully integrated in decisions.
26 | African Commission on Human and Peoples’ Rights