Healthy environment
The African Commission on Human and Peoples' Rights (the Commission), meeting at its 69th Ordinary Session, held virtually from 15 November to 5 December 2021;
Recalling its mandate of promotion and protection of human and peoples’ rights in Africa under Article 45 of the African Charter on Human and Peoples’ Rights (African Charter);
Aware that in the exercise of its mandate, the Commission has established various mechanisms for the promotion and protection of human and peoples’ rights in Africa;
Bearing in mind specifically, Articles 21 and 24 of the African Charter, on the right of all peoples to freely dispose of their wealth and natural resources, and to a generally satisfactory environment favourable to their development;
Recalling its previous Resolutions on the need for an improved protection of human rights and the environment, especially through improving the regulatory framework for the activities of the extractive industries, developing effective continental mechanisms for monitoring the human rights impact of the activities of the extractive industries and the development of jurisprudence on holding non-state actors accountable for human rights violations in Africa;
Recalling in particular, Resolution ACHPR/Res. 148(XLVI) 2009, establishing the Working Group on Extractive Industries, Environment and Human Rights Violations in Africa (the Working Group), and Resolution ACHPR/Res. 364(LIX) 2016 on Developing Reporting Guidelines with Respect to the Extractive Industries;
Noting with satisfaction the work accomplished by the Working Group up-to-date and recognizing its importance, as well as the need to allow it to continue carrying out its mandate;
Recalling Resolutions ACHPR/Res.321(LVII)2015, ACHPR/Res. 353 (EXT.OS/XX) 2016, ACHPR/Res.386(LXI)2017, ACHPR/Res.425(LXV)2019 and ACHPR/Res.459(LXVI)2020 relating to the mandate and composition of the Working Group;
Bearing in mind the Standard Operating Procedures on the Special Mechanisms of the African Commission on Human and Peoples’ Rights(the Standard Operating Procedures on Special Mechanisms) adopted by the Commission at its 27th Extraordinary Session, held from February 19 to March 4, 2020 in Banjul, The Gambia;
Noting in particular the guidelines set out in the Standard Operating Procedures on Special Mechanisms, in particular the role and responsibilities, in general, of mandate-holders, the composition of Special Mechanisms, the appointment of members and the duration of their mandate as well as the code of conduct of mandate holders;
Further noting the decisions taken during the 69th Ordinary Session held from 15 November to 05 December 2021, regarding the allocation of responsibilities relating to Special Mechanisms among the Commissioners;
Decides to appoint and reconstitute the Membership of the Working Group as follow:
1. Commissioner Solomon Ayele Dersso, Chairperson;
2. Commissioner Ourveena Geereesha Topsy-Sonoo, Vice-Chairperson;
3. CommissionerMudford Zachariah Mwandenga , Member; and
4. Maintain the Membership of Expert Members.
Done virtually, on 5 December 2021
The African Commission on Human and Peoples' Rights (the Commission), meeting at its 69th Ordinary Session, held virtually from 15 November to 5 December 2021;
Recalling its mandate of promotion and protection of human and peoples’ rights in Africa under Article 45 of the African Charter on Human and Peoples’ Rights (African Charter);
Aware that in the exercise of its mandate, the Commission has established various mechanisms for the promotion and protection of human and peoples’ rights in Africa;
Bearing in mind specifically, Articles 21 and 24 of the African Charter, on the right of all peoples to freely dispose of their wealth and natural resources, and to a generally satisfactory environment favourable to their development;
Recalling its previous Resolutions on the need for an improved protection of human rights and the environment, especially through improving the regulatory framework for the activities of the extractive industries, developing effective continental mechanisms for monitoring the human rights impact of the activities of the extractive industries and the development of jurisprudence on holding non-state actors accountable for human rights violations in Africa;
Recalling in particular, Resolution ACHPR/Res. 148(XLVI) 2009, establishing the Working Group on Extractive Industries, Environment and Human Rights Violations in Africa (the Working Group), and Resolution ACHPR/Res. 364(LIX) 2016 on Developing Reporting Guidelines with Respect to the Extractive Industries;
Noting with satisfaction the work accomplished by the Working Group up-to-date and recognizing its importance, as well as the need to allow it to continue carrying out its mandate;
Recalling Resolutions ACHPR/Res.321(LVII)2015, ACHPR/Res. 353 (EXT.OS/XX) 2016, ACHPR/Res.386(LXI)2017, ACHPR/Res.425(LXV)2019 and ACHPR/Res.459(LXVI)2020 relating to the mandate and composition of the Working Group;
Bearing in mind the Standard Operating Procedures on the Special Mechanisms of the African Commission on Human and Peoples’ Rights(the Standard Operating Procedures on Special Mechanisms) adopted by the Commission at its 27th Extraordinary Session, held from February 19 to March 4, 2020 in Banjul, The Gambia;
Noting in particular the guidelines set out in the Standard Operating Procedures on Special Mechanisms, in particular the role and responsibilities, in general, of mandate-holders, the composition of Special Mechanisms, the appointment of members and the duration of their mandate as well as the code of conduct of mandate holders;
Further noting the decisions taken during the 69th Ordinary Session held from 15 November to 05 December 2021, regarding the allocation of responsibilities relating to Special Mechanisms among the Commissioners;
Decides to appoint and reconstitute the Membership of the Working Group as follow:
1. Commissioner Solomon Ayele Dersso, Chairperson;
2. Commissioner Ourveena Geereesha Topsy-Sonoo, Vice-Chairperson;
3. CommissionerMudford Zachariah Mwandenga , Member; and
4. Maintain the Membership of Expert Members.
Done virtually, on 5 December 2021
The African Commission on Human and Peoples' Rights (the Commission), meeting at its 69th Ordinary Session, held virtually from 15 November to 5 December 2021:
Recalling Its mandate of promotion and protection of human and peoples’ rights in Africa under Article 45 of the African Charter on Human and Peoples’ Rights (African Charter);
Recalling its Resolution ACHPR/Res.51 (XXVIII) 2000 adopted during its 28th Ordinary Session which established a Working Group on Indigenous Populations/Communities (the Working Group), with a view to promote and protect the rights of indigenous populations/communities on the continent;
Taking into consideration Articles 21 and 22 of the African Charter which guarantees the right of all peoples to freely dispose of their wealth and natural resources, and the right to their economic, social and cultural development with due regard to their freedom and identity and in the equal enjoyment of the common heritage of mankind;
Bearing in mind the Report of the Working Group on the Rights of Indigenous Populations/Communities in Africa that was adopted by the Commission in 2003 at its 28th ordinary Session, and which amongst others, recognizes that the protection of rights to land and natural resources is fundamental for the survival of indigenous populations/communities in Africa;
Noting increasing rural poverty across the world including the continent, loss of wildlife and habitat, lack of inclusion of communities in decision making and lack of respect for the specific rights of indigenous and local peoples in Africa;
Concerned that the rapid changes facing Africa in terms of growing poverty and inequality, impacts of climate change, and increasing land transformation have the potential to destabilize economies of the continent;
Recognizing the role of indigenous populations & local communities in managing wildlife resources on their land;
Aware that indigenous communities are the front line of defense in protecting natural resources and combatting illegal wildlife trade;
Acknowledging that a key component of Africa’s economic potential lies in its biodiversity and wildlife economy, and the use of Community Based Resource Management, a community conservation effort, offers a unique competitive advantage for fighting poverty and building resilient indigenous and local communities;
Recognizing and respecting the right of participation, governance and use of natural resources by indigenous populations and local communities as share-holders and not mere stakeholders;
The Commission:
- Calls on African States to recognize the rights of indigenous populations & communities over the conservation, control, management and sustainable use of their natural resources including wildlife;
- Urges African States to take the necessary measures to strengthen community governance and institutions;
- Strongly encourages Governments, indigenous and local populations, intergovernmental organizations, national human rights institutions, civil society organizations and academic institutions to support the Working Group on Indigenous Populations/Communities and Minorities in Africain building and enhancing local capacity of communities to govern and manage and sustainably use and benefit from their natural resources;
- Tasks the Working Group, through the Commission, in supporting Indigenous communities and minorities with respect to their rights to natural resources in the territories that they live;
- Encourages States to adhere to the Commission’s State Reporting Guidelines on Article 21 and 24 of the Charter relating to Extractive Industries, Human Rights and the Environment.
Done virtually, on 5 December 2021
The African Commission on Human and Peoples’ Rights (Commission), meeting at its 63rd Ordinary Session held from 24 October to 13 November 2018 in Banjul, Republic of The Gambia;
Recalling its mandate to promote and protect human and peoples’ rights in Africa in accordance with the African Charter on Human and Peoples’ Rights (African Charter);
Noting that Article 45(1)(a) of the African Charter gives the Commission the mandate to “collect documents, undertake studies and researches on African problems in the field of human and peoples’ rights”;
Further noting Article 24 of the African Charter that guarantees peoples rights to a general satisfactory environment favourable to their development;
Conscious of the regional and international commitments made by African states particularly under the 1968 African Convention on the Conservation of Nature and Natural Resources; and the 1976 Cultural Charter for Africa that, inter alia, provides for the enactment of national laws for the protection of African cultural heritage and property; the 2007 UN Declaration on the Rights of Indigenous Peoples’; 1992 Convention on Biological Diversity; and the 1972 UNESCO Convention concerning the Protection of the World Cultural and Natural Heritage;
Noting international treaties and policy instruments that support the protection of sacred natural sites, and the contribution these sites of ecological, cultural and spiritual importance can make to achieving the vision of an integrated, prosperous and peaceful Africa by 2063, Sustainable Development Goals, Aichi Biodiversity Targets, and the 2015 Paris Agreement on Climate Change;
Recalling its Resolution ACHPR/Res.372 (LX) 2017 on the Protection of Sacred Natural Sites and Territories, which calls on State Parties to recognise sacred natural sites and territories and their customary governance systems, as contributing to the protection of human and peoples’ rights;
Recognising the critical role sacred natural sites play in the protection of African ecosystems and the realisation of African peoples’ rights to economic, social and cultural development, and to a satisfactory environment favourable to their development;
Acknowledging that sacred natural sites are one of the oldest forms of culture-based conservation, contributing to connectivity, resilience and adaptability of valuable landscapes and ecosystems, and having special spiritual significance to peoples and communities;
Aware that adequate recognition and respect for the intrinsic value of sacred natural sites in Africa will foster the vision of the Commission to eradicate the vestiges of colonialism and other systems of oppression, and to ensure the well-being of Africa’s peoples and their heritages;
Concerned that sacred natural sites and territories have been significantly eroded during the past decades, and currently face dangers from climate change and environmentally damaging industrial activities and development projects;
Concerned that many governments do not have laws, policies or appropriate mechanisms to protect sacred natural sites and territories and comply with Resolution ACHPR/Res.372 (LX) 2017;
Decides:
I. To task the Working Group on Indigenous Populations/Communities to conduct a study on the situation of sacred natural sites, related customary governance systems, and the existing laws, policies and programmes in Africa;
II. That the Report and findings of the Study be submitted for consideration by the Commission within a period of 1 (one) year; and
III. To call on all stakeholders to support the work of the Working Group in undertaking the Study.
Done in Banjul, Republic of The Gambia, on 13 November 2018