15 See Resolution ACHPR/Res.224 (LI) 2012 on a human rights-based approach to the governance of natural resources. 16 See the SERAC case. 17 See para 7 of the Preamble to the African Charter and Chapter II of the African Charter on duties. 18 AfCHPR, Application No. 006/12, The African Commission on Human and Peoples’ Rights v. The Republic of Kenya, paras. 200-201. 19 See the Endorois case. 20 Existing State Reporting Guidelines on Article 21 and best practices. 21 See for example ACHPR/Res. 372 (LX) 2017 Resolution on the Protection of Sacred Natural Sites and Territories. 22 Existing State Reporting Guidelines. 23 Speech delivered during the inaugural General Assembly of African Coalition for Corporate Responsibility - Commissioner Solomon Ayele Dersso, Chairperson of the Working Group on Extractive Industries, available at http://www.achpr.org/ news/2016/07/d226/. 24 The duty to respect and consider others and maintain relations aimed at promoting, safeguarding and reinforcing mutual respect and tolerance is provided for in Article 28 of the African Charter. The United Nations Guiding Principles on Business and Human Rights (the Ruggie Principles) confirm in Principle 11 that businesses ‘should avoid infringing on the human rights of others and should address adverse human rights impacts with which they are involved’. See also ACHPR/Res. 367 (LX) 2017 Resolution on the Niamey Declaration on Ensuring the Upholding of the African Charter in the Extractive Industries Sector. 25 Articles 27(1) and (2) and 28 of the African Charter. 26 Flows from the logic of applying the duties in the African Charter to legal persons. 27 See note i above. 28 While the Malabo Protocol has not yet entered into force, it is one example of the growing consensus between African States on the kinds of acts for which companies may be held criminally liable. The International Criminal Court in A Policy Paper on Case Selection and Prioritisation adopted in September 2016 also announced that ‘[t]he Office will also seek to cooperate and provide assistance to States, upon request, with respect to conduct which constitutes a serious crime under national law, such as the illegal exploitation of natural resources, arms trafficking, human trafficking, terrorism, financial crimes, and grabbing or the destruction of the environment��� 29 In the Extractive Industries Transparency Initiative, these are formulated as voluntary obligations of transparency. 42 |  African Commission on Human and Peoples’ Rights