Extractive Industries, Land Rights and Indigenous Peoples in Africa.
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Transcript of Extractive Industries, Land Rights and Indigenous Peoples in Africa.
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7/27/2019 Extractive Industries, Land Rights and Indigenous Peoples in Africa.
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Extractive Industries, Land Rights
and Indigenous Peoples in Africa:
International Standards, Best Practices and Opportunities
Dr. Christopher Kidd
Consultant
Working Group on Indigenous Populations/Communities in Africa
No. 31 Bijilo Annex Lay-out, Kombo North District, Western Region, P. O. Box 673, Banjul, The Gambia
Tel: (220) 441 05 05 /441 05 06 Fax: (220) 441 05 04 E-mail: [email protected]; Webwww.achpr.org
http://var/www/apps/conversion/tmp/scratch_6/[email protected]://var/www/apps/conversion/tmp/scratch_6/[email protected]://var/www/apps/conversion/tmp/scratch_6/www.achpr.orghttp://var/www/apps/conversion/tmp/scratch_6/www.achpr.orghttp://var/www/apps/conversion/tmp/scratch_6/www.achpr.orghttp://var/www/apps/conversion/tmp/scratch_6/[email protected] -
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History
African Commission on Human and Peoples Rights
Established under Article 45 of the African Charter on Humanand Peoples Rights in 1981.
Inaugurated on 2 November 1987 in Addis Ababa, Ethiopia.
Secretariat has subsequently been located in Banjul, TheGambia since 1989.
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Mandate
Article 45 of the Charter sets out the mandate of the Commission.
Promotion of human and peoples rights
The Commission carries out sensitisation, public mobilisation and informationdissemination through seminars, symposia, conferences and missions.
Protection of human and peoples rights
The Commission ensures protection of human and peoples rights through itscommunication procedure, friendly settlement of disputes, state reporting(including consideration of NGOs shadow reports), urgent appeals and otheractivities of special rapporteurs and working groups and missions.
Interpretation of the Charter
The Commission is mandated to interpret the provisions of the Charter upon arequest by a state party, organs of the AU or individuals.
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Composition
Eleven elected commissioners on six-year terms
Med Kaggwa currently Commissioner
Additionally Special Mechanisms that investigate and reporton specific human rights issues
Special Rapporteurs
Committees
Working Groups
Working Group on Indigenous Populations/Communities in Africa
Working Group on Extractive Industries, Environment and HumanRights Violations
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Study Outline
Extractive Industries, Land Rights and Indigenous Communities/Populations
To examine the impacts of extractive industries on indigenous peoples rights to land and naturalresources;
To map out the extent to which extractive industries are affecting indigenous peoples in Africa;
To evaluate the extent to which States are promoting, protecting and fulfilling indigenouspeoples rights to land and natural resources in relation to extractive activities and large scaledevelopment projects, including the rights to free, prior and informed consent, in line with theirobligations under international and regional instruments;
To evaluate the extent to which extractive industries are held accountable for the negative
impacts generated by their activities, and adhere to the different international standards;
To identify some good practices by States and extractive industries;
To make recommendations to State parties, extractive industries, the African Commission on Humanand Peoples Rights, indigenous peoples communities, international financial institutions and civilsociety organizations for the promotion, protection and fulfillment of indigenous peoples rights to land
and resources in Africa.
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Study Work Plan
Opportunity to provide guidance to the African Commission, state parties,extractive industries, indigenous peoples and civil society.
Provide a framework to support engagements between indigenous peoples,
extractive industries and state parties.
Desk-based policy review
In-country visits to Uganda, Cameroon, and Botswana
Uganda: focus on the Karamoja region
Report made public (April 2014)
Stakeholder validation conference (June)
African Commission ratification (October)
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Indigenous Peoples
African Commission on Human and Peoples Rights
a) their culture and way of life differ considerably from the dominant society,to the extent that their culture is under threat of extinction;
b) the survival of their particular way of life depends on access to lands andnatural resources;
c) they suffer from discrimination as they are being regarded as lessdeveloped and less advanced than other more dominant sectors of society;
d) they often live in inaccessible regions and are often geographicallyisolated;
e) they are subject to domination and exploitation within national politicaland economic structures.
WHYindigenous peoples
IP typically suffer from denial of rights and disregard for their livelihoods
Predominantly hunter gatherers and pastoralists
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Extractive Industry Models
Indigenous model [Preferred]
IP establish and implement their own enterprises to extract and develop naturalresources
But IP limited in capacity and resources
Prevailing model [Undesirable]
Extractive Industry, with State backing, controls and profits from the extractiveoperation
Growing move away from this model
State, third party led model [Compromise]
Identify the conditions for resource extraction on indigenous territories by Statesor third party business enterprises that are fully respectful of indigenous peoplesrights
Need for supporting frameworks
Anaya (2013), Report of the Special Rapporteur on the rights of indigenous peoples: Extractive
industries and indigenous peoples, UN A/HRC/24/41
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Free, Prior, Informed Consent
Free should imply no coercion, intimidation or manipulation;
Priorshould imply consent has been sought sufficiently in advance of any authorization orcommencement of activities and respect time requirements of indigenous consultation/consensusprocesses;
Informedshould involve consultation and participation by affected indigenous peoples, whichincludes the full and legally accurate disclosure of information concerning proposed developmentsin a form that is both accessible and understandable to them
ConsentConsultation and participation are crucial components of a consent process. Consultation
should be undertaken in good faith. Indigenous peoples should be able to participate through theirown freely chosen representatives and customary or other institutions. This process may includethe option of withholding consent.
Founding Principle
FPIC is dependent on clear recognition and protection of indigenous peoples rights, particularly
to lands, territories and resources traditionally owned or otherwise occupied and used
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International Standards
United Nations
Guiding Principles on Business and Human Rights:Implementing the United Nations Protect, Respect andRemedy Framework (Ruggie Framework)
UNDPs Strategy for Supporting Sustainable and EquitableManagement of the Extractive Sector for Human Development
UN Deceleration on the Rights of Indigenous Peoples
International Council on Mining and Metals
Good Practice Guide: Indigenous Peoples and Mining
Rio Tinto
Human Rights Guide (UNDRIP, FPIC)
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Opportunities
Opportunity to inform States, extractive industry and indigenouspeoples of existing frameworks and best practices.
Opportunity for the study and the African Commission to beinformed by states, extractive industry and indigenous peoples.
Christopher Kidd