Resolution 367: Resolution on the Niamey Declaration on
Ensuring the Upholding of the African Charter
in the Extractive Industries Sector
ACHPR/Res. 367 (LX) 2017
The African Commission on Human and Peoples’ Rights, meeting at its 60th Ordinary
Session held from 8 to 22 May 2017 in Niamey, Republic of Niger;
Recalling its mandate to promote and ensure the protection of human and
peoples’ rights in Africa under the African Charter on Human and Peoples’
Rights (African Charter);
Recalling its Resolution ACHPR/Res.148 (XLV1) 09 establishing the Working
Group on Extractive Industries, Environment and Human Rights Violations
in Africa (Working Group) adopted during the 46th Ordinary Session held in
Banjul, The Gambia, from 11 to 25 November 2009; Resolution ACHPR/
Res.224 (LI) 2012 on a human rights-based approach to natural resources
governance adopted during the 51st Ordinary Session held from 18 April to
2 May 2012 in Banjul, The Gambia; Resolution ACHPR/Res.236 (LIII) 2013
on illicit flight of capital from Africa adopted during the 53rd Ordinary Session
held from 9 to 23 April 2013;
Underscoring that the right to freely dispose of wealth and natural resources is
an inviolable right of all peoples guaranteed under Article 21 of the African
Charter;
Acknowledging that in many African countries extractive industries constitute a
source of revenue representing a substantial part of foreign direct investment
which, if managed in a viable, sustainable and transparent manner respectful
of charter-based rights, can contribute to broad-based and inclusive socioeconomic development;
Reiterating the primary responsibility of States Parties to prevent and provide
redress in accordance with the African Charter for all forms of violations of
human and peoples’ rights, including violations involving non-state actors;
Affirming that extractive industries have the legal obligation to respect the
rights guaranteed in the African Charter;
Concerned by the lack of transparency prevailing in relation to the negotiation
and terms of concessionary contracts and the receipt and use of revenues;
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