All concerns raised by affected people should be fully incorporated into the
final decision. Such consultations and participation should start prior to
(and should continue during) the implementation of such projects.
53. The fourth and final duty is the duty to fulfil. This requires in the context
of Articles 21 and 24 that steps are taken to create the necessary conditions
that make it possible for people to benefit from these rights. These are
the steps that enable the right holders to develop, have access to and use
natural resources, including provision for avenues that enable members of
the public and local people to have shares in extractive industries. With
specific reference to Article 21 and in relation to the operations of extractive
industries, these steps include the collection and judicious investment of the
revenues and proceeds from the exploitation of natural resources.
54. These in particular may include investment in the establishment of the
necessary social services and physical infrastructure and provision of
support for the improvement of the sources of livelihood of local people
particularly in the areas of operation of extractive industries, as well as
investment in benefits to future generations. This would further include the
duty to ensure that where irreparable harm has been done to the health of a
person due to damage that the operation of extractive industries cause to the
environment that such person is provided with the necessary health service
and other support. The application of the duty to fulfil should be applied
with due regard to the need to prioritize the interests of vulnerable sections
of society. For example, legislation should provide for the regulation of the
artisanal/small scale mining sector, in order to increase their access to loans
tailored to their capacity and conditions and other financial assistance from
financial agencies as well as the necessary technical support that improve
their safety and enhance their capacity and development.
55. With respect to Article 24, the duty to fulfil entails that States make the
necessary investments for the conservation and improvement of the
environment. Where the environment is endangered as a result of natural
developments, this also entails that States, within their available means,
should initiate works for the rehabilitation of the endangered environment
including through collaboration with local and international actors that have
the technical capacity for such works.
36 | African Commission on Human and Peoples’ Rights