All concerns raised by affected people should be fully incorporated into the final decision. Such consultations and participation should start prior to (and should continue during) the implementation of such projects. 53. The fourth and final duty is the duty to fulfil. This requires in the context of Articles 21 and 24 that steps are taken to create the necessary conditions that make it possible for people to benefit from these rights. These are the steps that enable the right holders to develop, have access to and use natural resources, including provision for avenues that enable members of the public and local people to have shares in extractive industries. With specific reference to Article 21 and in relation to the operations of extractive industries, these steps include the collection and judicious investment of the revenues and proceeds from the exploitation of natural resources. 54. These in particular may include investment in the establishment of the necessary social services and physical infrastructure and provision of support for the improvement of the sources of livelihood of local people particularly in the areas of operation of extractive industries, as well as investment in benefits to future generations. This would further include the duty to ensure that where irreparable harm has been done to the health of a person due to damage that the operation of extractive industries cause to the environment that such person is provided with the necessary health service and other support. The application of the duty to fulfil should be applied with due regard to the need to prioritize the interests of vulnerable sections of society. For example, legislation should provide for the regulation of the artisanal/small scale mining sector, in order to increase their access to loans tailored to their capacity and conditions and other financial assistance from financial agencies as well as the necessary technical support that improve their safety and enhance their capacity and development. 55. With respect to Article 24, the duty to fulfil entails that States make the necessary investments for the conservation and improvement of the environment. Where the environment is endangered as a result of natural developments, this also entails that States, within their available means, should initiate works for the rehabilitation of the endangered environment including through collaboration with local and international actors that have the technical capacity for such works. 36 |  African Commission on Human and Peoples’ Rights

Select target paragraph3