of the impact of their activities, companies should do, with the participation
of local communities, human rights impact assessments and ensure that
these assessments are appropriately consultative and take account of the
rights of vulnerable persons and groups.
59. Where breaches occur on account of the activities or actions of companies,
various administrative, civil and criminal responsibilities ensue. Where
activities of extractive industries result in despoliation of the environment,
they bear responsibility for paying due compensation to affected people
for all material and non-material damages suffered, including compensation
in the case of irreparable harm to health, and for the cleaning and
rehabilitation of the affected environment.27 In administrative terms, they
will be responsible for any fines or administrative measures laid down in law
or in the licensing agreement.
60. In terms of criminal liability, the kind of acts for which companies may
be held responsible are, for example, laid down under the AU Protocol
on Amendments to the Protocol on the Statute of the African Court of
Justice and Human Rights, adopted during the June 2014 AU summit held
in Malabo, Equatorial Guinea (the Malabo Protocol).28 These acts include:
a) Concluding an agreement to exploit resources, in violation of the
principle of peoples’ sovereignty over their natural resources;
b) Concluding with State authorities an agreement to exploit natural
resources in violation of the legal and regulatory procedures of the
State concerned;
c) Concluding an agreement to exploit natural resources through corrupt
practices;
d) Concluding an agreement to exploit natural resources that is clearly
one-sided;
e) Exploiting natural resources without any agreement with the state
concerned;
f) Exploiting natural resources without complying with norms relating to
the protection of the environment and the security of the people and
the staff; and
g) Violating the norms and standards established by the relevant natural
resource certification mechanism.
38 | African Commission on Human and Peoples’ Rights