b.
c.
d.
e.
Paying due compensation to affected communities for all material and
non-material damages suffered and for the cleaning and rehabilitation
of affected environment in cases of despoliation of the environment;
Bearing civil and criminal responsibility and paying compensation for
human and peoples’ rights violations and/or abuses arising from their
extractive industrial activities or from activities of those operating on
their behalf or for assisting or abating such violations by state or nonstate actors including private security companies;
Contributing to the development needs of the communities in the
areas of their operations including through supporting communitybased employment, educational, health, agricultural or pastoral
development projects; and
Disclosing the identity of shareholders and local partners, fully
declaring profits they make from their operations in the host country
and for publicizing all payments that they make to government in
terms of the contract and applicable laws of the country.
3. Urges States Parties to adopt laws and regulations aimed at easing the
transition of affected communities from economic dependence on
extractive industries to reliance on other livelihoods when activities of
extractive industries are closed down, in line with regional and international
human rights laws and principles;
4. Calls on States Parties to enforce such requirements where sufficient
legislation currently exists including the provision of grievance mechanisms
for all cases of violations of rights guaranteed in the African Charter;
5. Urges States Parties to establish regional mechanisms for:
a. Cooperation and the exchange of good practices between States
Parties to strengthen capacities and develop the necessary institutional
and legal framework to ensure that mining contracts are negotiated
to the benefit of and in consultation with affected individuals, local
communities and indigenous populations/communities;
b. Developing capacities for value addition and beneficiation;
c. Building regional marketing platforms for assessing the commercial
value of the resources exported from their territories; and
d. Fighting illicit financial flights common in the extractive industries.
Done in Niamey, Republic of Niger, on 22 May 2017
48 | African Commission on Human and Peoples’ Rights