extractive industries, land rights and indigenous peoples in africa

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

[email protected]

extractive industries, land rights and indigenous peoples in africa

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