23. Fundamental to full and informed participation in decision-making processes,
the right to information, arising from Article 9 of the African Charter, and
rigorous consultation presupposes and is predicated on internationally
acceptable human rights, environmental and social impact assessments. As
the African Commission pointed out in the SERAC case, environmental
impact assessments have to be conducted in compliance with internationally
acceptable standards. Such assessment should involve communities and
individuals in the territory of proposed extractive operations and take
account of local knowledge systems related to the environment. Similarly,
there should be human rights and social impact assessments, which should
be conducted with the free and full participation of prospective affected
people and having regard to indigenous knowledge and information as well
as the needs of vulnerable groups such as children, indigenous peoples,
older persons and migrant workers.
24. The other procedural guarantee relates to the provision of effective
mechanisms for redress or remedy. This entails that judicial and non-judicial
grievance mechanisms are put in place and that such mechanisms are
adequately equipped and resourced for handling cases involving extractive
industries. Such mechanisms should also be accessible to affected people.
Accessibility entails not only physical proximity but also importantly
familiarity and flexibility of the processes to allow affected people to easily
bring their complaints. Effective access to courts also requires that statutes
of limitations or other excessively onerous procedural requirements (such
as production of title deed) should not be used to impose restrictions on
the ability of people to bring complaints where their rights have been
violated. Human rights defenders who speak out and advocate for measures
to ensure the respect of human rights of affected people must be able to
assist affected people without fear of reprisals from the government or the
company involved in extractive industries and the State should ensure that
there is not impunity for threats, attacks and acts of intimidation against
those advocating for the rights of affected communities irrespective of
their designation as human rights defenders, including women human rights
defenders.
25. Additionally, within the framework of Article 21(2), people whose land, water
or source of livelihood have been disrupted or spoiled by dispossession are
entitled to measures for restoration of their property and to full, effective
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