386: Resolution on the Renewal of the Mandate and Reconstitution of the Working Group on Extractive Industries, Environment and Human Rights Violations in Africa - ACHPR/Res. 386(LXI) 2017

    The African Commission on Human and Peoples’ Rights (the Commission), meeting at its 61st Ordinary Session held from 01 to 15 November 2017, in Banjul, The Gambia:

    Recalling its mandate to promote and protect human and peoples’ rights in Africa under 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 all relevant regional and international human rights instruments, 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) which further mandated the Working Group to prepare a comprehensive report on extractive industries on the continent, which work is ongoing;

    Recalling further Resolution ACHPR/Res.236 (LIII) 2013 on the Illicit Flight of Capital from Africa, Resolution ACHPR/Res.271 (LV) 2014 on Climate Change in Africa and Resolution ACHPR/Res. 364(LIX) 2016 on Developing Reporting Guidelines with Respect to the Extractive Industries by which the Commission has tasked the Working Group with additional responsibilities;

    Noting with satisfaction the work accomplished by the Working Group up-to-date;

    Recognizing the importance of the Working Group and the need to allow the Working Group to continue to carry out its mandate;

    Recalling Resolutions ACHPR/Res.321(LVII)2015 and ACHPR/Res. 353 (EXT.OS/XX) 2016, relating to the mandate and the current composition of the Working Group, and Noting that the mandate of the Working Group and its Members comes to an end on 1 November 2017;

    Mindful of the expressions of continued interest and commitment by the Expert Members in contributing their expertise to the implementation of the mandate of the Working Group;

    Also mindful of the need for adequate and equitable sub-regional representation in the Expert Membership of the Working Group, as well as the need for additional expertise to efficiently conduct its mandate;

    Decides to:

    i.              Extend the mandate of the Working Group for a period of 2 years, taking effect from 15 November 2017;

    ii.             Renew the mandate of Commissioner Solomon Ayele Dersso as Chairperson of the Working Group, as well as Commissioners Yeung Kam John Yeung Sik Yuen and Jamesina E.L. King as Members for the same period;

    iii.            Appoint Commissioner Rémy Ngoy Lumbu as a Member of the Working Group for the same period;

    iv.            Renew the membership of the following experts for the same period:

    -       Mr. Clement Voulé;

    -       Ms. Valerie Couillard;

    -       Professor Michelo Hansungule;

    -       Ms. Sheila Keetharuth;

    -       Mr. Erick Kassongo Kalonji; and

    -       Professor James Gathii;

    v.             Expand the number of expert members to nine, with additional representation from North Africa and Anglophone West Africa.

    Done in Banjul, The Gambia, on 15 November 2017

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    Special Mechanism: Working Group on Extractive Industries, Environment and Human Rights Violations

    Commissioners: Yeung Kam John Yeung Sik Yuen, Solomon Ayele Dersso, Rémy Ngoy Lumbu, Jamesina Essie L. King (Mrs)

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