47. States should further adopt the required institutional measures for monitoring and enforcing the fiscal, environmental, labour, health and human rights observance standards by third parties including business establishments particularly in the extractive industries and joint-ventures where the State is a partner in the economic activity. In this regard the State should create conditions for the effective role of National Human Rights Institutions in promoting and protecting human rights at the national level. States should lay down the administrative, civil and criminal liabilities that result from the failure of non-state actors including businesses such as those in extractive industries to comply with these standards and any harm or violations arising from such non-compliance. In this regard, States should not limit company liability for environmental clean-up costs or continuing violations once the extractive activities come to an end or pending claims at the time when ownership is transferred. States thus bear the obligation to investigate and, as necessary, apply the legally established penalties in compliance with duly established procedures. In case of breaches of applicable standards, States have obligation to ensure that those operating in the extractive industries are held to a high standard of civil and criminal liability both for their own actions and for the actions of those acting on their behalf or to their benefit. 48. The duty to protect encompasses the laying down of the standards on the process and criteria for the granting of concession or licenses to extractive companies for exploration and extraction of natural resources. This in particular means that licences to extractive industries should be negotiated and granted in accordance with internationally accepted rules and standards, based on transparency and human and peoples’ rights. Such standards not only create opportunities for public participation but also ensure that the general public and local people are protected from licensing terms that are exploitative and limit the liability of extractive industries. 49. An important element of the duty to protect is also the provision of effective, well-resourced and technically equipped judicial and non-judicial mechanisms for receiving complaints and adjudicating disputes. These mechanisms should have the requisite jurisdiction to adjudicate cases including those arising from alleged non-compliance with relevant standards and from disputes involving extractive industries and local people. The relevant legislative act establishing such judicial mechanisms should allow citizens to sue companies. The right of citizens to challenge the actions or 34 |  African Commission on Human and Peoples’ Rights