My Right to Demand Change - Global Rights

My Right to Demand Change 

A Practical Guide to Public Participation, Community 

Empowerment and Advocacy Concerning Natural 

Resources Exploitation and Human Rights Violations 

Global Rights 

Natural Resources and Human Rights Initiative 

Global Rights: Partners for Justice ∙ 1200 18 th St NW ∙ Washington DC ∙ 20036 ∙ 202.822.4600 ∙ www.globalrights.org ©

Acknowledgements 

Foreword 

Acronyms 

CONTENTS 

Introduction ................................................................................................................................................... i 

What Does the “Right to Public Participation” Mean? .................................................................................. i 

Why is Public Participation so Important? ..................................................................................................... i 

What Does the “Right to Information” Mean? ............................................................................................. ii 

Why is the Right to Information so Important? ............................................................................................ ii 

Call to Action ............................................................................................................................................ ii 

Chapter 1: From the Right to Information to the Right to Public Participation: Enhancing Natural 

Resources and Human Rights (NRHR) Advocacy ...................................................................................... 1 

1.1 The Link between the Right to Information and the Right to Public Participation ........................... 1 

1.2 NRHR Advocacy and the Link between the Right to Information and the Right to Public 

Participation ....................................................................................................................................... 1 

Call to Action ........................................................................................................................................ 1 

1.3 NRHR Advocacy and the Right to Public Participation in Africa ........................................................ 2 

Call to Action ........................................................................................................................................ 2 

1.3.1 Protection and Enforcement of the Right to Public Participation in NRHR Advocacy in Africa . 3 

Call to Action .................................................................................................................................. 4 

Chapter 2: The Legal Framework for Public Participation in Africa: Through the Lens of NRHR 

Advocacy ....................................................................................................................................................... 7 

2.1 Methodology ...................................................................................................................................... 7 

2.2 Why is Understanding the Legal Framework so Important for NRHR Advocacy? ............................. 7 

2.3 Which African Entities Provide Remedies for Individuals for Public Participation Violations? ......... 7 

2.3.1 African Commission on Human and Peoples’ Rights (ACHPR) .................................................... 7 


2.3.2 African Court on Human and Peoples’ Rights (AfCHPR) ............................................................. 8 


2.4 What about the Right to Freedom of Expression and Opinion? ....................................................... 9 

2.4.1 African Charter for Human and Peoples’ Rights (African Charter) ............................................. 9 


2.4.2 Declaration of Principles on Freedom of Expression in Africa (DPFEA) .................................... 10 

Call to Action ............................................................................................................................... 10 

2.4.3 Draft Model Law for AU Member States on Access to Information (Draft Model Law)........... 10 

Call to Action ............................................................................................................................... 11 

2.5 Which Core Environmental Agreements Ratified by African Governments Make it Mandatory to 

Enforce the Right of Public Participation and the Right to Information? ........................................ 11 

2.5.1 Revised African Convention on the Conservation of Nature and Natural Resources 

(African Convention) .............................................................................................................. 11 

Call to Action .............................................................................................................................. 12 

2.5.2 The Rio Declaration on Environment and Development (Rio Declaration) ............................. 12 

Call to Action .............................................................................................................................. 13 

2.5.3 Agenda 21 Programme of Action (Agenda 21) ......................................................................... 13 


Call to Action ................................................................................................................................ 14 

2.5.4 Which Core Economic Treaties Ratified by African Governments Make it Mandatory to 

Enforce Public Participation and Information Rights? .......................................................... 14 

2.5.4.1 African Charter for Popular Participation in Development and Transformation 

(ACPPDT) ........................................................................................................................... 14 

Call to Action ............................................................................................................................ 16 

2.6 Which International Human Rights Treaties Ratified by African Governments Make it Mandatory 

to Enforce the Public Participation and Information Rights? ...................................................... 16 

2.6.1 Charter of the United Nations (UN Charter) ............................................................................ 16 

Call to Action ................................................................................................................................. 17 

2.6.2 Universal Declaration of Human Rights (Universal Declaration) ............................................. 17 


2.6.3 United Nations International Covenant on Civil and Political Rights (ICCPR) .......................... 18 


2.6.4 Optional Protocol to the ICCPR (ICCPR Optional Protocol) ...................................................... 19 

2.6.5 United Nations International Covenant on Economic, Social and Cultural Rights (ICESCR) and 

the Optional Protocol to the ICESCR (Optional Protocol 1) ..................................................... 19 


2.6.6 United Nations Declaration on the Rights of Indigenous Peoples (Declaration on the Rights 

of Indigenous Peoples) .......................................................................................................... 20 

2.6.6.1 Who are Indigenous Peoples in Africa? ............................................................................ 20 

2.6.6.2 The Declaration on the Rights of Indigenous Peoples ...................................................... 21 

Call to Action ............................................................................................................................. 23 

2.7 Extractive Activities, NRHR Protections and the Right to Public Participation .................................. 23 

2.7.1 What are Extractive Activities? ................................................................................................. 23 

2.7.2 How are Extractive Activities Linked to Public Participation Rights?........................................ 23 


2.7.3 Environmental Impact Assessment (EIA): An Essential Step in Community Awareness and 

Participation .......................................................................................................................... 24 

2.7.4 What is the Role of Public Participation in the EIA Process? ................................................... 24 

Call to Action................................................................................................................................... 25 

2.7.5 Which Environmental Protection Treaties Requiring Avoidance or Mitigation of 

Environmental Harm Make Extractive Industry-Related Public Participation and Community 

Empowerment Mandatory? ................................................................................................... 26 

2.7.5.1 What is the Precautionary Principle (PP)? ......................................................................... 26 

2.7.5.2 Binding Agreements .......................................................................................................... 26 

2.7.5.2.1 Convention on Biological Diversity (CBD) ................................................................. 26 

Call to Action ........................................................................................................................ 27 

2.7.5.3 Non-Binding Instruments .................................................................................................. 27 

2.7.5.3.1 Guiding Principles on Business and Human Rights: Implementing the United Nations 

“Protect, Respect and Remedy” Framework (Guiding Principles) ............................. 27 

2.7.5.3.2 The Equator Principles .............................................................................................. 28 

Chapter 3: Community Organization and Empowerment: Incorporating Effective and Non-Traditional 

Strategies to Increase Public Participation ................................................................................................. 35 

3.1 Listening to and Training Communities for Action – Capitalizing on Sensory Awareness Through 

the Performing and Visual Arts and Active Listening ...................................................................... 35 

3.1.1 What Value Do the Performing and Visual Arts Bring to Participatory NRHR Advocacy? ....... 36 


Call to Action.................................................................................................................................. 37 

3.1.2 What is “Active Listening” and What Value Does it Bring to Participatory NRHR Advocacy? . 36 

Call to Action.................................................................................................................................. 36 

3.2 How can Mass Media Be Used Effectively to Enhance Public Participation and NRHR Advocacy? 37 


3.3 Public Participation and Prevention of Environmental Harm and HRs Violations .......................... 39 

Call to Action ................................................................................................................................... 41 

3.4 Information Gathering: Importance of Scientific Endorsement ...................................................... 41 

Call to Action ................................................................................................................................... 42 

3.5 Getting Universities, Social Actors and International Organizations Involved ................................ 42 

Call to Action .................................................................................................................................... 42 

Conclusion ................................................................................................................................................... 42 

Bibliography ................................................................................................................................................ 45 

Annexes 

Annex A – Africa Human Rights Treaties Chart 

Annex B – Africa Economic & Environmental Treaties Chart 

Annex C – International Environmental Treaties Chart 

Annex D – International Human Rights Treaties Chart 

Annex E – United Nations Classification of African Countries 

Annex F - Glossary 


Acknowledgements 

This handbook is the product of a March 2011 conference, “Natural Resource Exploitation and 

Surrounding Communities: The Right to Participation and Information” that was jointly sponsored by 

Global Rights and Sustainable Development Strategies Group. 

Global Rights extends its sincere appreciation to our partner organizations and staff working in Central 

and Western Africa participating in the above mentioned event, who daily engage in natural resource 

and human rights advocacy activities to improve conditions on local, national, regional, and 

international levels. These esteemed leaders, paralegals, and activists contribute countless hours and 

energy towards building strong partnerships across sectors, communities, and all social, economic, and 

political spheres to advance the cause of natural resources and human rights protection on the 

continent: 

� Commission Justice et Paix (CJP), Congo 

� Rencontre pour la Paix et les Droits de l'Homme (RPDH), Congo 

� Groupe de Recherche et de Plaidoyer pour les Industries Extractives, Cote d’Ivoire 

� Conseil Régional des Organisations Non Gouvernementales de Développement (CRONGD) 

Congo DRC 

� Action contre l’Impunité pour les Droits Humains (ACIDH), Congo DRC 

� Third World Network-Africa Secretariat (TWN), Ghana 

� Green Advocates, Liberia 

� Fondation pour le Développement au Sahel, Mali 

� Network Movement for Justice and Development, Sierra Leona 

� Centre du Commerce International pour le Développement (CECIDE), Guinea 

Global Rights would like to thank The Ford Foundation and the National Endowment for Democracy for 

generous donations that made this initiative, as well as the March 2011 conference, possible. 

Global Rights also wishes to acknowledge the timely, pro bono contribution Renée Hill J.D. made with 

the research, writing and editing of the handbook, and Flavia Milano, Global Rights’ Natural Resources 

and Human Rights Initiative (NRHRI) Director. 


Foreword 

Founded in 1978, Global Rights (formerly the International Human Rights Law Group) is an international 

human rights capacity-building organization that works side by side with local activists in Africa, Asia, 

and Latin America to promote and protect the rights of marginalized populations. Through broad-based 

technical assistance and training, we strengthen partners to document and expose human rights abuses, 

conduct community outreach and mobilization, advocate for legal and policy reform, and provide legal 

and paralegal services. Over our 30-year history, we have worked in scores of countries to help local 

leaders and organizations to address human rights abuses and to lift their struggles out of isolation and 

onto regional and international stages, where institutions such as the United Nations and Organization 

of American States develop and enforce human rights standards. 

At the core of our programming is a deep commitment to increase access to justice for poor and 

marginalized groups, promote women’s rights and gender equality, and advance racial and ethnic 

equality. In addition to this, we have two special initiatives—lesbian, gay, bisexual, transgender, and 

intersex rights and natural resources and human rights—that allow us to explore new program areas 

while targeting populations that fit within our core programming. 

Our Natural Resources and Human Rights Initiative assists civil society organizations in viewing injustices 

through a human rights lens and addressing them by utilizing national and international norms and 

standards to promote and protect economic and social rights, such as the rights to participation and 

information. 

Global Rights is governed by a fourteen-member board of directors comprising senior lawyers, 

journalists, and academics and operated by a 60-member staff, two-thirds of whom work outside the 

United States 

In the spirit of the United Nations’ encouragement for collective efforts at the international level 

(Resolution 49/184), this manual is placed in the public domain and put at the disposal of all interested 

persons to consult it or use it. Reproduction is authorized provided that the text is for educational ends 

not commercial use and on the condition that credit is given to the publisher. 

For more information, please contact our Communications Department in the United States at 

+1 202.822.4600. 

September 2011 


Acronyms 

ACHPR African Commission on Human and Peoples’ Rights 

ACJHR African Court of Justice and Human Rights 

ACPPDT African Charter for Popular Participation in Development and Transformation 

ADR Alternative Dispute Resolution 

AfCHPR African Court on Human and Peoples’ Rights 

AU African Union 

CBD Convention on Biological Diversity 

COP Conference of Parties 

CSD United Nations Commission for Sustainable Development 

CSR Corporate Social Responsibility 

DPFEA Declaration of Principles on Freedom of Expression in Africa 

ECOWAS Economic Community of West African States 

ECOWAS CCJ Economic Community of West African States Community Court of Justice 

EIA Environmental Impact Assessment 

ESC Economic, Social and Cultural 

ESCRs Economic, Social and Cultural Rights 

ESRs Economic and Social Rights 

HRs Human Rights 

ICCPR United Nations International Covenant on Civil and Political Rights 

ICESCR United Nations International Covenant on Economic, Social, and Cultural Rights 

LULC Land Use/Land Cover 

NGO Non-Governmental Organization 

NRHR Natural Resources and Human Rights 

NRM Natural Resources Management 

PP Precautionary Principle 

UN United Nations 


Introduction 

As knowledge stimulates thought and ideas give birth to actions, the information in this handbook is 

designed to help your organization to: 

� Make a connection between the right to public participation and the right to information to best 

articulate concerns about local, national, and regional human rights violations related to natural 

resources extraction activities; 

� Understand the importance of the international right to public participation and the right to 

information; 

� Become empowered to effectively organize within your community; 

� Identify immediate action steps to engage your community, address injustices, and work 

towards positive change; and 

� Achieve lasting results for community empowerment and advocacy related to natural resources 

extraction and human rights. 

What Does the “Right to Public Participation” Mean? 

The “right to public participation” means that people have the right to be involved in decision-making 

processes. 1 This powerful concept provides authority for people to take the initiative in decision-making 

and not simply be passive individuals reacting and objecting to decisions that have already been made. 2 

“The right to public participation creates opportunities for individuals and groups to participate in the 

formulation of management [and implementation] strategies.” 3 

A traditional way people engage in public participation is by casting a vote in a fair, transparent election 

that is equally accessible to all. 4 The right to information and the right to participation constitute 

essential tools during this and other democratic and participatory processes. Voting in this manner is a 

form of indirect participation where the local elect representatives to protect their interests. 5 Direct 

participation occurs when the local serve as elected representatives in a government body 6 or become 

involved in community-level advocacy and civic education. 

Why is Public Participation so Important? 

Public or citizen participation is successful when people are empowered to mobilize to take control of 

activities affecting their lives. 7 Even individuals from the same community are not homogenous. 8 

Therefore, the richness of diversity among actors at every level makes each contribution significant and 

unique. 

When an organization and its members effectively organize, express opinions, challenge assumptions, 

and contribute skills, insight, and wisdom to the decision-making processes, the organization and 

community guarantee their concerns and ideas are taken into account. 

The concept of democracy addresses an important aspect of public participation. Democracy means 

“rule by the people.” 9 Participation achieves its highest aims, and is most effective, when people control 

decisions that affect them and hold people in authority accountable for their actions. 10 Participation 

Page i of iv 


must be accessible to everyone in society in ways that are non-discriminatory, equal, and equitable for 

the local to benefit from and exercise its social, cultural, economic, civil, and political rights. 11 National 

governments and the international community are responsible for creating institutional, political, social, 

and economic conditions that encourage and facilitate public participation. 12 

Public participation, therefore, is a powerful and necessary tool for advocacy. As stated in the African 

Charter for Popular Participation and Transformation, 

…nations cannot be built without the popular support and full participation of the 

people, nor can…the human and economic conditions [be] improved without the full and 

effective contribution, creativity and popular enthusiasm of the vast majority of the 

people. 13 

African nations also acknowledge that women play a “vital and central role” in society’s survival. 14 

Governments are urged to eliminate biases against women, reduce the burdens they suffer and take 

“positive action to ensure their full equality and effective participation.” 15 

What Does the “Right to Information” Mean? 

The “right to information” is a fundamental human right. 16 It is the right to seek, receive, and impart 

information and ideas through any form of media a person chooses – such as oral, print, or art form – 

without limitations or restrictions. 17 The right to information also means the right to free expression 

and the right to hold one’s own opinions. 18 The “right to information” is often referred to as “freedom 

of information” or “the right to know.” 19 

Why is the Right to Information so Important? 

As expressed in the Declaration of Principles on Freedom of Expression in Africa (DPFEA), for the local to 

fully exercise and protect its rights, the local must have access to information held by public and private 

bodies. 20 “Public bodies hold information not for themselves but as custodians of the public good 

and everyone has a right to access this information.” 21 The Declaration also grants a significant right 

to African individuals that is not often recognized as a right in other legal instruments. In Africa, 

when a private sector entity has information that affects the local’s ability to exercise or protect a 

right, the local has a right to access that information. 22 The obligation private bodies have to 

provide information to African citizens is a unique obligation organizations should enforce and use 

as a tool in their natural resources and human rights (NRHR) advocacy. 

CALL TO ACTION 

1. Identify African local, national, and regional public and private entities that possess 

information affecting the exercise and protection of the right to information and the right to 

public participation in relation to NRHR advocacy. 

2. Submit a formal, written request to these organizations to obtain this information. 

It is possible organizations may soon receive a tremendous amount of support from the African 

Commission on Human and Peoples’ Rights (ACHPR) in regard to this right to access relevant 

Page ii of iv 


information held by private bodies. 23 In April 2011, the United Nations introduced a Draft Model Law 

for AU (African Union) States on Freedom of Expression and Access to Information in Africa. 24 If the 

Commission adopts the revised version in late 2011, a legally enforceable right to access this kind of 

information from private bodies will be established. 25 

1. Organize and mobilize throughout the country and conduct integrated civic education 

campaigns explaining: 

o The fundamental human right of the right to information; 

o The critical role of the right to information in the exercise and protection of the right to 

public participation; and 

o The importance of the Draft Model Law for AU States on the Freedom of Expression and 

Access to Information in Africa. 

2. Organize and mobilize the local and lobby national governments and the ACHPR to support and 

adopt the Draft Model Law. 

The right to free expression and the holding of one’s own opinions is a “cornerstone of democracy 

and…a means of ensuring respect for all human rights and freedoms.” 26 Promoting “the free flow of 

information and ideas” helps the local “make informed decisions,” which is a means of “facilitating and 

strengthening democracy.” 27 

The right to information and the right to free expression – just like the right to public participation - are 

also powerful and necessary tools for advocacy. Democracy and community well-being are enhanced to 

a greater degree when the local is free to exercise the right to information and the right to public 

participation to its fullest extent and when these rights are protected and enforced. 

1 

See Jennifer Mohamed-Katerere, Participatory Nat. Resources Mgmt. in the Communal Lands of Zimbabwe: 

What Role for Customary Law?, 5 AFR. STUD. Q. 3, (2001), http://www.africa.ufl.edu/asq/v5/v5i3a7.htm (last visited 

Sept. 6, 2011). 

2 

See id. 

3 

See id., citing The Rio Declaration on Environment and Development, prin. 10. 

4 

See United Nations International Covenant on Civil and Political Rights, art. 25(a)-(b), opened for signature Dec. 

19, 1966 [hereinafter ICCPR], available at http://www2.ohchr.org/english/law/pdf/ccpr.pdf (entered into force 

Mar. 23, 1976); see also United Nations Universal Declaration of Human Rights, art. 21, opened for signature Dec. 

10, 1948 [hereinafter Universal Declaration], available at 

http://www.un.org/events/humanrights/2007/hrphotos/declaration%20_eng.pdf. 

5 

See id.; see also African Charter on Human and Peoples’ Rights, art. 13 (1)-(2), adopted June 27, 1981 [hereinafter 

African Charter], available at http://www.africaunion.org/official_documents/treaties_%20conventions_%20protocols/banjul%20charter.pdf. 

6 

See ICCPR supra note 4, at art. 25(c); accord Universal Declaration, supra note 4, at art. 21(1)-(2); accord African 

Charter, supra note 5, at art.(1)-(2). 

7 

See Mohamed-Katerere, supra note 1, citing M.M. Cernea, Sociological Knowledge for Dev. Projects in PUTTING 

PEOPLE FIRST: SOCIOLOGICAL VARIABLES IN RURAL DEV. (M.M. Cernea ed., Oxford Univ. Press 1985). 

8 

See Mohamed-Katerere, supra note 1. 

9 

SUSAN MARKS & ANDREW CLAPHAM, INT’L HUMAN RIGHTS LEXICON 62 (2005). 

10 See id. at 62-4. 

11 See id. 

12 See African Charter for Popular Participation in Development and Transformation, para. 11, adopted Feb. 12-16, 

1990 [hereinafter ACPPDT], available at http://www.afrimap.org/english/images/treaty/file4239ac8e921ed.pdf. 

13 Id. at para. 7. 

Page iii of iv 


14 

See id. at para. 14. 

15 

See id. 

16 

Mukelani Dimba, The Right to Information in Africa – A Brief Overview, 397 PAMBAZUKA NEWS (2008) 

http://www.pambazuka.org/en/category/features/50591, citing G.A. Res. A/RES/59/1 (1946) (“Freedom of 

information is a fundamental human right and is the touchstone of all the freedoms to which the UN is 

consecrated”). 

17 

See Dimba, supra note 16, citing Universal Declaration, art. 19; citing also ICCPR, art. 19, paras. 1-2. 

18 

See id. 

19 

See id. 

20 

See Dimba, supra note 16, citing Declaration of Principles on Freedom of Expression in Africa, § IV, paras. 1-2 

[hereinafter DPFEA]. 

21 

DPFEA at § IV, para. 1, adopted 17-23 Oct. 2002, available at http://afrimap.org/english/images/treaty/africadeclaration-of-principles-on-foe.pdf. 

22 

See DPFEA, supra note 21, at § IV, para. 2. 

23 

See U. OF PRETORIA CTR. FOR HUMAN RIGHTS, INTRODUCTORY CONSULTATION ON THE DRAFT MODEL LAW FOR AU MEMBER 

STATES ON ACCESS TO INFORMATION, 29 APRIL, BANJUL, THE GAMBIA, (2011) http://www.chr.up.ac.za/index.php/news.html 

(last visited Jul. 14, 2011). 

24 

See id. (the U.N. Special Rapporteur on Freedom of Expression and Information in Africa and the U. of Pretoria 

Ctr. for Human Rights held a public consultation at the 49 th Ordinary Session of the Afr. Commission on Human and 

Peoples’ Rights in Banjul, The Gambia to introduce the law [hereinafter ACHPR]). 

25 

See id. (the ACHPR will meet in Oct. 2011 when the Draft Model Law may be adopted and become legally 

binding on all African nations. When the law is adopted, the ACHPR will work with African governments to adopt 

or revise access to information laws and establish uniform, effective monitoring and enforcement mechanisms). 

26 

See DPFEA, supra note 21, pmbl. 

27 See id. 

Page iv of iv 


Chapter 1 From The Right to Information to the Right to Public participation: Enhancing 

Natural Resources and Human Rights (NRHR) Advocacy 

1.1 The Link between the Right to Information and the Right to Public Participation 

The right to information strengthens the exercise of the right to public participation when the 

information received and expressed is fact-based, reliable, timely, of high quality, and true. 1 A fullyinformed 

local that has formulated its own opinions based on accurate and complete information is able 

to exercise, advocate for, and protect its rights. 

1.2 NRHR Advocacy and the Link between the Right to Information and the Right to Public 

Participation 

“Human rights” are defined as the “basic rights and freedoms that all people are entitled to regardless 

of nationality, sex, national or ethnic origin, race, religion, language, or other status.” 2 They include 

“civil and political rights, such as the right to life, liberty and freedom of expression; and social, cultural 

and economic rights including the right to participate in culture, the right to food, and the right to work 

and receive an education. Human rights are protected and upheld by international and national laws 

and treaties.” 3 

A “natural resource” is a tangible item – such as a forest, mineral deposit, fresh water, or plant – found 

in nature that occurs in a natural state, has economic value, and is necessary or useful to humans. 4 

“Natural resource[s] management (NRM) involves the use and management of land, water, forest and 

biological resources.” 5 

Natural resource or environmental issues affect every aspect of life. Unhealthy, deteriorating conditions 

or neglect and abuse of the physical environment have the potential to destroy economic livelihoods 

and thus, a community’s very survival for present and future generations. Most experts agree that “an 

integral part of any strategy looking to protect livelihoods and the environment” 6 must be based on 

“local ownership and management of natural resources by local communities.” 7 

Adequate protection of the environment is essential to the enjoyment of basic human 

rights with the concept that every person has the right to live in a healthy environment 

and the obligation to protect the environment…[T]o assert this right and meet this 

obligation, citizens must have access to information, be entitled to participate in 

decision-making and have access to justice in environmental matters. 8 [emphasis 

added] 

Communities are the first to know and, too often, the first to directly suffer irreparable damages from 

NRHR violations. Increasing knowledge and understanding of NRHR issues and violations is an essential 

step in strengthening advocacy for and ensuring the protection of the right to information and right to 

public participation regarding these matters. 


1. Identify local, regional, and national community associations across the country, their areas of 

expertise, and their program activities. 

2. Collaborate on, promote, and support one another’s activities to build strength within the 

community and across the nation to draw greater attention to NRHR issues and violations. 

Page 1 of 51 


1.3 NRHR Advocacy and the Right to Public Participation in Africa 

In the past, the local was not considered a necessary participant in NRM policy development and 

advocacy. 9 For the most part, local organizations only received funds to implement projects at the 

grassroots level and other entities engaged in policy-making and advocacy. 10 Some people felt that only 

governments and technical experts should manage policy. 11 Those views are now outdated. Today, 

African nations recognize that “Africa’s grave environmental and ecological crisis cannot be solved in 

the absence of a process of sustainable development which commands the full support and 

participation of the people.” 12 

African governments, local organizations, and United Nations agencies made a firm commitment to 

improve community well-being collaboratively across all sectors of society. 13 In 1990, they jointly stated 

that: 

It is manifestly unacceptable that the people and their organizations be excluded from 

the decision[-]making process. It is manifestly unacceptable that popular participation 

be seen as anything less than the centerpiece in the struggle to achieve economic and 

social justice for all. In promoting popular participation, it is necessary to recognize that 

a new partnership and compact must be forged among all the ACTORS in the process of 

social, political and economic change. Without this collective commitment, popular 

participation is neither possible nor capable of producing results. We, therefore, pledge 

to work together in this new partnership to promote full and effective participation by 

the masses together with Governments…in Africa. 14 


1. Document NRHR issues, concerns, and violations occurring on local, national, regional, and 

international levels affecting your organization and your members. 

2. Identify the local, national, regional, and international individuals and entities directly 

participating in these activities. 

3. Identify African local, national, and regional government bodies and officials responsible for 

addressing and resolving these issues and concerns and investigating these violations. 

4. Evaluate the progress achieved on the resolution and investigation of these matters. 

5. Conduct civic education campaigns that: 

o Describe the NRHR issues, concerns and violations affecting your organization and 

your members; and 

o Explain the impact these issues, concerns, and violations have on the community and 

why the local should be concerned and immediately get involved in advocacy efforts. 

6. Organize and mobilize the local and advocate for: 

o Timely, satisfactory and participatory resolution of the issues and concerns; and 

o Transparent, timely, and thorough investigations of violations and their timely, 

satisfactory, and participatory resolution. 

Page 2 of 51 


1.3.1 Protection and Enforcement of the Right to Public Participation in NRHR Advocacy in 

Africa 

The right to public participation in NRM decisions undoubtedly presumes the coexistence, exercise, and 

protection of two democratic rights: the right to information and the right to public participation. In 

Africa, continental and regional entities protect and enforce these rights. 

The African Commission for Human and Peoples’ Rights (ACHPR) is “charged with ensuring the 

promotion and protection of [h]uman and [p]eoples’ rights throughout the African Continent.” 15 The 

Commission recognizes the right to information and the right to public participation as individual 

liberties which must be protected. 16 It addresses human rights problems occurring throughout the 

continent and convenes conferences, conducts research, monitors government efforts to promote and 

protect human rights, and submits recommendations to and works with governments to achieve 

effective human rights implementation, monitoring, and protection. 17 Although it does not possess 

binding powers, 18 the Commission has an affirmative responsibility and commitment to advocate for 

and protect the right to information and the right to public participation. 

The Economic Community of West African States (ECOWAS) promotes regional economic integration 

among its member countries “to contribute to the progress and development” 19 of the continent and 

identifies NRM as one of its priority sectors. 20 Included among its fundamental principles is the 

“recognition[,] promotion and protection of human and peoples’ rights in accordance with the 

provisions of the African Charter on Human and Peoples’ Rights” 21 and an agreement to achieve 

“accountability, economic and social justice and popular participation in development.” 22 ECOWAS 

implements its economic mandate in a cross-sectoral manner and identifies public participation as 

critical to successful achievement of its goals. 

The ECOWAS Community Court of Justice (ECOWAS CCJ) adjudicates a variety of cases involving Member 

States, including the review of human rights violations. 23 The local is able to exercise its right to 

information and right to public participation in a significant way because, as of 2005, individuals - and 

not just national governments - were allowed to bring lawsuits against Member States. 24 Individuals are 

not required to exhaust domestic remedies before presenting a case. 25 Granting individual citizens the 

right to challenge national government actions in court is a powerful tool for NRHR-related advocacy. 

The African Court on Human and Peoples’ Rights (AfCHPR) is unique among American, European and 

other judicial bodies. 26 Its founding Protocol provides that “any actions may be brought before the 

Court… [based on] any instrument, including international human rights treaties,” that a government 

has ratified. 27 In addition to the African Charter, the Court can apply any relevant human rights treaties 

ratified by the government as sources of law. 28 Most national and regional courts base their judgments 

on a limited number of legal instruments. Therefore, an African organization could potentially obtain 

greater judicial protection and enforcement for the right to public participation in NRHR advocacy than 

another organization would receive from a non-African court judgment. 29 

“Unlike any other judicial body,” the AfCHPR accepts requests for advisory opinions from member 

States, AU organs, and “any African NGO [non-governmental organization]…recognized by the [AU],” 

provided that at or after ratification of the AfCHPR Protocol, the government in question declared its 

acceptance of the Court’s jurisdiction to hear such cases. 

Page 3 of 51 

30 African organizations should use this 

mechanism to promote strong judicial protection and enforcement for the right of public participation in 

relation to NRHR advocacy. 


The AfCHPR has merged with the AU Court of Justice to create the new African Court of Justice and 

Human Rights (ACJHR). The ACJHR “will become effective when fifteen states deposit their instruments 

of ratification.” 31 As of August 2010, only Burkina Faso, Libya, and Mali had ratified the Protocol 

establishing the new Court. 32 

At the 1990 International Conference on Popular Participation in the Recovery and Development 

Process in Africa, African governments, local organizations, and United Nations agencies affirmed their 

belief in the critical role public participation plays in policy development and advocacy. 33 They urged the 

local to take action as follows: 

…We want to emphasize the basic fact that the role of the people and their popular 

organizations is central to the realization of popular participation. They have to be fully 

involved, committed and indeed, seize the initiative. In this regard, it is essential that 

they establish independent people’s organizations at various levels that are genuinely 

grass-root, voluntary, democratically administered and self[-]reliant and that are rooted 

in the tradition and culture of the society so as to ensure community empowerment and 

self-development. Consultative machinery at various levels should be established with 

governments on various aspects of democratic participation. It is crucial that the people 

and their popular organizations should develop links across national borders to promote 

cooperation and interrelationships on sub-regional, regional, south-south and southnorth 

bases. This is necessary for sharing lessons of experience, developing people’s 

solidarity and raising political consciousness on democratic participation. 34 


1. Research progress achieved by your national government regarding submission of its 

ratification of the Protocol on the Statute of the African Court of Justice and Human Rights. 

1 

See INT’L INST. FOR ENV’T AND DEV. & WORLD BUS. COUNCIL FOR SUSTAINABLE DEV., BREAKING NEW GROUND: THE REPORT OF THE 

MINING, MINERALS AND SUSTAINABLE DEV. PROJ., 292-93 (2002), available at http://www.iied.org/sustainablemarkets/key-issues/business-and-sustainable-development/mmsd-final-report. 

2 

Amnesty Int’l, Human Rights Basics, http://www.amnestyusa.org/research/human-rights-basics (last visited July 

20, 2011). 

3 

Id. 

4 

See HOUGHTON MIFFLIN CO., THE AMER. HERITAGE DICT. OF THE ENGLISH LANGUAGE, FOURTH ED. (2000), available at 

http://www.thefreedictionary.com/natural+resource; see HOUGHTON MIFFLIN CO., THE AMER. HERITAGE SCIENCE DICT. 

(2005), available at http://www.thefreedictionary.com/natural+resource. 

5 

Sarah Cummings & Floris van der Pol, Knowledge Mgmt. for Dev.: Setting the Scene, 392 DEV. POLICY & PRACTICE 

BULL. 13 (Floris van der Pol &Suzanne Nederlof, eds., Royal Tropical Inst. [Netherlands] 2010), available at 

http://www.kit.nl/net/KIT_Publicaties_output/ShowFile2.aspx?e=1697. 

6 

CTR. FOR INT’L FORESTRY RESEARCH [CIFOR], NAT. RESOURCES, COMMUNITIES & CLIMATE CHANGE IN W. AFR.: IMPACTS, 

VULNERABILITY & RESPONSES – A LITERATURE REVIEW & DATA BASE COMPILED FOR CIFOR’S TROPICAL FORESTS & CLIMATE CHANGE 

ADAPTATION PROJS. IN W. AFR. WITH SPECIAL FOCUS ON BURKINA FASO, GHANA & MALI, 52 (2005), available at 

http://www.cifor.org/trofcca/africa/docs/Literature_Review_WA.pdf. 

Page 4 of 51 


7 

Id. 

8 

STEPHEN STEC & SUSAN CASEY-LEFKOWITZ, U.N. ECON. COMM’N FOR EUROPE, THE AARHUS CONVENTION: AN IMPLEMENTATION 

GUIDE 4 (2000), available at http://live.unece.org/fileadmin/DAM/env/pp/acig.pdf (the Convention provides a 

universal statement about the critical role the right to information and the right to public participation play in 

decision-making: “…[I]mproved access to information and public participation in decision-making enhance the 

quality and the implementation of decisions, contribute to public awareness of environmental issues, give the 

public the opportunity to express its concerns and enable public authorities to take due account of such concerns.” 

U.N. Economic Commission for Europe Convention on Access to Information, Public Participation in Decision- 

Making and Access to Justice in Environmental Matters, entered into force, Oct. 30, 2001 [hereinafter Aarhus 

Convention]). 

9 

See J.F. ZWARTZENDRUBER & BERNARD BERKA NJOVENS, WORLD RESOURCES INST., AFR. NGO PARTICIPATION IN NAT. RESOURCE 

POLICY REFORM 6 (1993), available at http://www.afr-sd.org/publications/ngoswart.pdf. 

10 

See ZWARTZENDRUBER, supra note 9. 

11 

See id. at 45. 

12 

African Charter for Popular Participation in Development and Transformation, para. 9, adopted Feb. 12-16, 1990 

[hereinafter ACPPDT], available at http://www.afrimap.org/english/images/treaty/file4239ac8e921ed.pdf. 

13 

See id. 

14 

See id. at paras. 38-9. 

15 

ACHPR, HISTORY, available at http://www.achpr.org/english/_info/history_en.html. 

16 See id. 

17 See ACHPR, MANDATE, available at http://www.achpr.org/english/_info/mandate_en.html. 

18 See PROJ. ON INT’L CTS. & TRIBUNALS [PICT], AFR. CT. ON HUMAN & PEOPLES’ RIGHTS, available at http://pict- 

pcti.org/courts/ACHPR.html. 

19 See Treaty of ECOWAS, art. 3, para. 1, opened for signature May 28, 1975 [hereinafter ECOWAS Treaty], 

available at http://www.afrimap.org/english/images/treaty/ECOWAS%20Treaty.pdf (ECOWAS stands for Economic 

Community of West African States; entered into force June 1975; revised July 23, 1993). 

20 ECOWAS, ECOWAS IN BRIEF, available at http://www.comm.ecowas.int/sec/index.php?id=about_a&lang=en. 

21 ECOWAS Treaty, supra note 19, at art. 4(g). 

22 

See id. at art. 4(h). 

23 

See PICT, CT. OF J. OF THE ECON. CMTY. OF W. AFR. STATES, available at http://www.aictctia.org/courts_subreg/ecowas/ecowas_home.html. 

24 

See PICT, supra note 23. 

25 

See Solomon T. Ebobrah, Litigating Human Rights before Sub-Regional Cts. in Afr.: Prospects & Challenges, 17 

AFR. J. OF INT’L & COMP. LAW 79, 91-92 (2009), available at http://www.euppublishing.com (search “Litigating Human 

Rights before Sub-Regional Courts in Africa[;]” then follow article title hyperlink); citing 2005 ECOWAS 

Supplementary Protocol, art. 10(d); citing also Prof. Essien v The Republic of The Gambia (ECOWAS CCJ, 2007), 

Unreported Suit No. ECW/CCJ/APP/05/05. 

26 

See PICT, The Afr. Ct. on Human & Peoples’ Rights, available at http://www.aictctia.org/courts_conti/achpr/achpr_home.html. 

27 

See id., citing Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an 

A[f]CHPR, art. 3.1. [hereinafter AfCHPR], available at http://www.africa-union.org/rule_prot/africancourthumanrights.pdf 

(AfCHPR stands for the African Court on Human and Peoples’ Rights). 

28 

See PICT, supra note 26, citing African Charter, art. 7. 

29 See PICT, supra note 26. 

30 Id. 

31 Anna Dolidze, Afr. Ct. on Human & People’s Rights – Response to the Situation in Libya in 15 INSIGHTS (Amer. 

Society of Int’l L., Wash., D.C.), July 26, 2011, at fn 13, available at 

http://www.asil.org/pdfs/insights/insight110725.pdf. 

32 COALITION FOR AN EFFECTIVE AFR. CT. ON HUMAN & PEOPLE’S RIGHTS, RATIFICATION STATUS: PROTOCOL ON THE STATUTE OF THE 

AFRICAN COURT OF JUSTICE AND HUMAN RIGHTS, available at 

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http://www.africancourtcoalition.org/index.php?option=com_content&view=article&id=87:ratification-statusprotocol-on-the-statute-of-the-african-court-of-justice-and-human-rights&catid=17:general&Itemid=18&lang=en. 

33 See ACPPDT, supra note 12. 


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Chapter 2 The Legal Framework for Public Participation in Africa: Through the Lens of NRHR 

Advocacy 

2.1 Methodology 

The focus of this chapter is to raise awareness about key human rights, environmental, and economic 

treaties, which have been ratified by African governments, and contain provisions that support, protect, 

and enforce the right to information and the right to public participation to enhance NRHR advocacy 

strategies. 

Remedies for individuals available under international and continental Africa human rights and 

environmental treaties are presented and institutional bodies providing remedies for individuals are 

highlighted. A select, non-exhaustive set of agreements are discussed below. 

2.2 Why is Understanding the Legal Framework so Important for NRHR Advocacy? 

The right to information and the right to public participation are civil and political rights. 1 As stated 

above in Section 1.2, civil and political rights – along with economic and social rights (ESRs) and 

economic, social, and cultural rights (ESCRs) – are fundamental human rights protected and enforced 

“by international and national laws and treaties.” 2 Effective NRHR advocacy requires strategic use of 

legally binding responsibilities contained in these agreements and assigned to the signatories. Often, 

these responsibilities are stated in local, national, and regional legislation, but are not practiced or 

enforced. NRHR advocates must be able to identify gaps in protection and enforcement. Incorporation 

of this knowledge into public participation strategies helps an organization strengthen its approach, 

enhance community empowerment, and achieve its NRHR advocacy goals. 

2.3 Which African Entities Provide Remedies for Individuals for Public Participation 

Violations? 

2.3.1. African Commission on Human and Peoples’ Rights (ACHPR) 

The ACHPR promotes and protects human and peoples’ rights throughout Africa. 3 Individuals or 

organizations “who feel that their right or those of others have been or are being violated” can 

submit complaints (communications) to the Commission. 4 They must first exhaust all national 

(domestic) remedies available to them, 5 although exceptions may be made if domestic resolution is 

“unduly prolonged.” 6 A State party to the African Charter may also submit a complaint if it believes 

another State party has violated Charter provisions. 7 

The ACHPR urges organizations to make greater use of its services. For it to be effective as the selfdescribed 

“institution capable of responding to present day challenges in Africa[,]…people should 

make use of it.” 8 In the Commission’s own words, 

The more it is used as a regional mechanism, the stronger and more useful it becomes in 

safeguarding human rights on the continent. NGOs, human rights advocates and 

lawyers should make use of the Commission and assist people to submit cases to the 

latter. 9 [emphasis added] 

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1. Obtain an electronic copy of the following documents available on the ACHPR website 

(http://www.achpr.org) to facilitate use of the Commission and preparation of 

communications submitted to it: 

o ACHPR Rules of Procedure; 

o ACHPR Information Sheet No. 2 – Guidelines of the Submission of Communications; 

and 

o ACHPR Information Sheet No. 3 – Communication Procedure. 

A formal request may also be sent to the ACHPR Secretariat based, as of this writing, at: 

The Secretariat of the African Commission on Human and Peoples’ Rights 

31, Bijilo Annex Layout, Kombo North District 

Western Region 

P.O. Box 673 

Banjul, The Gambia 

Phone: (220) 441 05 05/06 

Fax: (220) 441 05 04 

E-mail: au-banjul@africa-union.org 

2. Submit a formal, written request to the ACHPR Secretariat for a copy of your national 

government’s most recent periodic report of the domestic measures taken to implement 

rights and freedoms granted in the African Charter. 

3. Review the periodic report and identify areas where your organization can partner with 

the government at local and national levels to facilitate greater promotion, protection and 

enforcement of the right to public participation in relation to NRHR advocacy. 

4. Submit a case to the ACHPR identifying an NRHR-related violation of the right to public 

participation or the right to information in situations where all domestic remedies have 

been exhausted and a resolution has not been reached. 

2.3.2 African Court on Human and Peoples’ Rights (AfCHPR) 

The AfCHPR complements the ACHPR’s work as the African judicial body issuing legally binding 

decisions on cases of human and peoples’ rights violations. 10 Various entities have standing to bring 

cases before the Court: 

� the ACHPR; 

� State parties on behalf of themselves or a citizen-victim of a human rights violation; 

� African intergovernmental organizations; 

� “with the Court’s permission, [NGOs] with observer status[;] and 

� Individuals.” 11 

A direct right of individual petition does not exist. 12 Rather, NGOs with observer status before the 

ACHPR and individuals “acquire standing before the Court only after a [S]tate party [submits] a 

specific declaration” acknowledging the Court’s competency to receive lawsuits from individuals and 

Page 8 of 51 


NGOs with observer status . 13 As of this writing, “only five countries – Ghana, Burkina Faso, Malawi, 

Mali, and Tanzania – have made such declarations.” 14 


Addressed to organizations in countries that have not delivered declarations to the AfCHPR 

accepting the Court’s competence to hear cases from African NGOs with observer status and 

individuals: 

1. Research whether your NGO has observer status to appear before the ACHPR. 

� If not, submit a request for observer status in accordance with the procedures 

listed in the Resolution on the Criteria for Granting and Enjoying Observer Status 

to NGOs Working in the Field of Human Rights with the ACHPR , available in 

French and English, respectively, at 

http://www.achpr.org/francais/_info/observer_fr.html and 

http://www.achpr.org/english/_info/observer_en.html. 

2. Conduct civic education campaigns informing the local of its present inability to bring 

cases before the AfCHPR and explain the importance of having direct, individual access to 

an African judicial body to hear cases concerning NRHR violations. 

3. Design an advocacy effort involving local and national organizations, HRs attorneys, and 

other supporters to petition your national government to develop and submit a 

declaration allowing individuals and African NGOs with observer status direct access to 

the Court. 

4. Work with local, national, and regional organizations, advocates, and HRs lawyers to 

design a regional strategy to submit a joint petition to the respective governments urging 

them to submit a declaration granting individuals and NGOs with observer status direct 

access to the Court. 

2.4 What about the Right to Freedom of Expression and Opinion? 

2.4.1 African Charter for Human and Peoples’ Rights (African Charter) 

Under the Charter, individuals have “the right to receive information” and “the right to express and 

disseminate…opinions within the law.” 15 The Charter grants and protects the right to public 

participation 16 and the right for peoples to “freely dispose of their wealth and natural resources,” 

which must “be exercised in the exclusive interest of the people.” 17 There also exists a right to 

“economic, social and cultural development” 18 and a general satisfactory environment favorable to 

[the peoples’] development.” 19 Individuals or organizations aware of or victims of human rights 

violations can submit complaints to the ACHPR as discussed in Section 2.3.1 above. 


1. What specific actions can your organization take to partner with the national government 

to promote, protect, and enforce the right to freedom of expression and opinion? 

Page 9 of 51 


2.4.2 Declaration of Principles on Freedom of Expression in Africa (DPFEA) 

The DPFEA guarantees the right to freedom of information and expression and provides that no one 

should be subject to “arbitrary interference” with the right to freedom of expression. 20 All 

individuals are granted “an equal opportunity” to exercise both rights without discrimination. 21 

Remedies for individuals are not available under the Declaration. The ACHPR urges all State parties 

to the African Charter to “make every effort to give practical effect to these principles.” 22 


1. Identify specific actions your national government has taken to give practical effect to 

the Declaration (i.e., incorporation of the principles into your national constitution or 

passage and effective implementation of Freedom of Information legislation). 

2. In what specific ways can your organization participate in or support ACHPR efforts to 

promote Declaration principles? 

2.4.3 Draft Model Law for AU Member States on Access to Information (Draft Model 

Law) 

The Draft Model Law was publicly introduced in April 2011. 23 The model law is a practical tool the 

ACHPR can use to “guide Member States in their adoption or review of access to information laws, 

and provide uniform benchmarks for evaluating their effective implementation.” 24 It is based on a 

duty to disclose. 25 

Under the Draft Model Law, experienced HRs advocates can serve as appointed commissioners and 

exercise their right to public participation as they monitor and protect the right of access to 

information nationwide. 26 

NGOs and individuals are empowered to directly influence the commissioners’ policies and 

activities. The commissioners hold public consultations as they develop the “rules and procedures 

to regulate [their] affairs” 27 and the reporting requirement guidelines for the public and private 

bodies. 28 The commissioners may consult with subject matter experts or any entity to provide 

insight in the course of their decision-making. 29 These experts “must include representation from 

appropriate civil society organi[z]ations.” 30 

Remedies for individuals exist under the Draft Model Law. 31 A person who has requested 

information from a public or relevant private body may request a commission review of the decision 

reached by that body in response to the person’s information request. 32 An individual submitting a 

complaint to the commissioners has a right to be present during a commission hearing, except in 

extenuating circumstances, 33 a right to be represented during a commission investigation or hearing, 

and must be given the opportunity to comment on the commission’s findings. 34 The commissioners 

must publish all of their decisions. 35 

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1. Monitor the progress achieved by the public consultation process that will develop the final 

version of the Draft Model Law. 

2. What specific steps can your organization take to participate in and provide insight to the 

public consultation process and ACHPR sessions to ensure your country’s interests and 

legislative and practical successes in this area are represented and will be reflected in the 

final version of the Draft Model Law? 

3. Remain informed about the actions the ACHPR takes in relation to the Draft Model Law. 

4. Upon adoption of the final version of the Draft Model Law, identify how or whether the 

ACHPR is working with your national government to improve existing or establish new 

access to information laws. 

2.5 Which Core Environmental Agreements Ratified by African Governments Make it 

Mandatory to Enforce the Right of Public Participation and the Right to Information? 

2.5.1 Revised African Convention on the Conservation of Nature and Natural Resources 

(African Convention) 

The African Convention provides a right of public participation and access to information and 

decision-making about environmental issues. 36 National governments are responsible for 

encouraging NR-related public participation. 37 They must “adopt legislative and regulatory 

measures” to facilitate 

� “dissemination of environmental information; 

� [public] access…to environmental information; [and] 

� [public] participation…in decision- making [for proposed activities] with a potentially 

significant environmental impact.” 38 

“Legislative and other measures [must]…ensure that traditional rights…of local communities…are 

respected.” 39 Affected communities must grant prior informed consent when “access to indigenous 

knowledge and its use” 40 is sought and, in these instances, governments must adhere to “specific 

regulations recognizing [the communities’] rights to, and appropriate economic value of, such 

knowledge.” 41 Development of environmentally sound technologies must take into account the 

extent to which individuals and local communities can and will use the technologies. 42 

Governments are also responsible for enhancing peoples’ knowledge and appreciation of the NRs on 

which they depend for livelihood and sustenance and for increasing their understanding about the 

importance of incorporating sustainable methods in their use of NRs. 43 To achieve this goal and 

empower the local to participate in more effective and sustainable ways, States must “promote 

environmental education, training and awareness…at all levels[,]” develop educational and training 

programs, conduct public information campaigns, use “appropriate teaching and training materials,” 

and make educational and training opportunities as widely available and accessible as possible. 44 

Governments must also focus on “strengthening or establishing regional or sub-regional training 

Page 11 of 51 


institutions[,]…libraries and documentation [centers,] and [engaging in] a continuous exchange of 

information and experience” with other State parties to enable them to offer the best and most 

current information to their citizens. 45 

As of mid-2011, the Convention had not been ratified by the necessary fifteen parties, which means 

State parties are not yet legally obligated to carry out their responsibilities. 46 When the Convention 

becomes a legally binding agreement, the Conference of Parties (COP) - the governing body 

monitoring State parties’ implementation of the Convention - begins meeting. 47 Any national, 

continental, regional, sub-regional, or international NGO “qualified in the matters covered by the 

Convention” may attend a COP meeting as an observer, provided the NGO has informed the 

Convention Secretariat in advance of its interest in attending the meeting. 48 

No remedies for individuals are provided if a government does not perform its Convention 

responsibilities. However, once it is in effect, the African Convention will be a strategic tool for 

NGOs because the overall agreement is an irrefutable mandate to all State parties to promote, 

protect, and enforce the right to NRHR-related public participation. 49 


1. Design and conduct civic education campaigns in your country to inform the local about 

the African Convention. 

2. Mobilize your organization, the local, NRHR advocates, and HRs lawyers at the local and 

national levels to urge the national government to ratify the Convention. 

2.5.2 The Rio Declaration on Environment and Development (Rio Declaration) 

The Rio Declaration has key provisions encouraging full exercise of public participation rights. 50 The 

Declaration eloquently states that “[e]nvironmental issues are best handled with the participation of 

all concerned citizens, at the relevant level.” 51 It also grants individuals a right to information to 

enhance the exercise of the right to public participation. 52 

At the national level, each individual shall have appropriate access to 

information concerning the environment that is held by public authorities, 

including information on hazardous materials and activities in their 

communities…States shall facilitate and encourage public awareness and 

participation by making information widely available. 53 

The Declaration is not a legally binding document, but all African governments have signed and 

adopted it. 54 Therefore, they are subject to “a strong moral obligation…to ensure that [the rights 

granted in the text] are fully and effectively implemented.” 55 The UN Commission for Sustainable 

Development (CSD) monitors progress on implementation. 56 

As an NGO designs and advocates for a participatory approach to NRHR work, among the many 

instruments at its disposal, are the Declaration’s bold statements promoting and protecting this 

fundamental participatory right, which can be incorporated into advocacy and information 

materials. 

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1. In what ways has your organization partnered with the national government at the local 

and national levels to ensure that historically excluded populations, such as 

impoverished communities, women, and indigenous peoples, are actively participating 

in and benefiting from NR policy development and activities in your country? 

2.5.3 Agenda 21 Programme of Action (Agenda 21) 

Agenda 21 is a global action plan containing step-by-step guidance on how to “mobilize and 

empower” different groups within society to become successful in achieving their sustainable 

development and environmental protection goals. 57 

[I]ndividuals, groups and organizations [need] to participate in environmental 

impact assessment procedures and [need] to know about and participate in 

decisions, particularly those which potentially affect the communities in which 

they live and work. Individuals, groups and organizations should have access to 

information relevant to environment and development held by national 

authorities, including information on products and activities that have or are 

likely to have a significant impact on the environment, and information on 

environmental protection measures. 58 

Women should have a role “in national ecosystem management and control of environment[al] 

degradation” and should serve as “decision makers, planners, technical advisers, managers and 

extension workers in environment and development fields.” 59 

Boys and girls “at the local, national and regional levels” should be consulted and participate “in 

[environmental] decision-making processes” and youth organizations should be given the 

opportunity to comment on “the drafting and evaluation of environment[al] plans and 

[programs].” 60 

Indigenous peoples should be engaged in NR endeavors as full partners to protect their land from 

harmful environmental activities and activities they determine are “socially and culturally 

inappropriate” and “to improve their quality of life so that they effectively participate in sustainable 

development.” 61 

NGOs should establish partnerships with the government to facilitate NGOs’ ability to: 

� be involved in and contribute their expertise to policy- and decision-making processes 

related to sustainable development; 

� monitor and evaluate progress achieved on implementation of Agenda 21 objectives 

and activities; 

� have access to “accurate and timely data and information;” and 

� exercise their “right to take legal action to protect the public interest.” 62 

Page 13 of 51 


Farmers and farmers’ organizations should: 

� participate in policy formulation; 63 

� work with governments to “document, synthesize and disseminate local knowledge, 

practices and project experiences” to incorporate lessons learned in policy formulation 

and implementation; 64 

� “build on the needs and knowledge base of women farmers[;]” 65 and 

� share experiences and information to “conserve land, water and forest resources, 

minimize the use of chemicals and reduce or reutilize farm wastes.” 66 

They should also work with national and international research centers to develop “location-specific 

environment-friendly farming techniques.” 67 

Communities are typically comprised of numerous formal and informal local organizations and 

associations of various sizes and varying degrees of activity. NRHR advocacy NGOs should establish 

effective partnerships with such organizations and associations, particularly when their members 

are affected by NRHR activities, to advance their advocacy efforts. 

African governments are not legally obligated to implement the provisions of Agenda 21 because 

Agenda 21 is not a legally enforceable instrument. However, all African governments have adopted 

it. 68 Therefore, they are subject to a strong moral obligation to apply the recommendations 

presented to reverse and prevent the extent of ongoing environmental damage across the 

continent. 69 


1. Identify specific actions your organization will take to ensure boys, girls, farmers, and 

youth and farmers' organizations are being consulted and are actively participating in 

environmental policy development and management decisions. 

2.5.4 Which Core Economic Treaties Ratified by African Governments Make it 

Mandatory to Enforce Public Participation and Information Rights? 

2.5.4.1 African Charter for Popular Participation in Development and Transformation 

(ACPPDT) 

The ACPPDT contains firm commitments by African governments to foster public participation in 

economic and environmental development and recovery efforts. 70 African governments agree 

that: 

…[n]ations cannot be built without the popular support and full participation of 

the people, nor can the economic crisis be resolved and the human and 

economic conditions improved without the full and effective contribution, 

creativity and popular enthusiasm of the vast majority of the people. 71 

Page 14 of 51 


“[T]heir greatest resource is their people and…it is through their active and full participation that 

Africa can surmount the difficulties that lie ahead.” 72 

To promote effective engagement, 

there must be an opening up of [the] political process to accommodate freedom 

of opinions, tolerate differences, accept consensus on issues as well as ensure 

the effective participation of the people and their organizations and 

associations. This requires action on the part of all, first and foremost of the 

people themselves. 73 

Governments have significant responsibilities in the political arena. “Too often, the social base 

of power and decision-making are too narrow.” 74 African governments need to broaden this 

base and “yield space to the people, without which popular participation will be difficult to 

achieve.” 75 

[F]or people to participate meaningfully in their self[-]development, their 

freedom to express themselves and their freedom from fear must be 

guaranteed. This can only be assured through the extension and protection of 

people’s basic human rights, [thus]...Governments [are urged] to vigorously 

implement the African Charter…and the Universal Declaration of Human 

Rights... 76 

Governments must also guarantee 

…greater participation and consensus-building in the formulation and 

implementation of economic and social policies at all levels, including the 

identification and elimination of laws and bureaucratic procedures that pose 

obstacles to people’s participation… 77 [E]ffective dialogue between 

governments, NGOs and grass-roots organizations is essential and valuable… 78 

[Therefore,] national fora [must] be established to enable honest and open 

dialogue between African Governments, grass-roots organizations and NGOs [to 

encourage sharing of lessons learned from] the experience of grass-roots 

participatory development [to inform] national policy-making. 79 

African NGOs also play a critical role in promoting and protecting the right to public 

participation. They should model the ideals of the public participation right by being “fully 

participatory, democratic and accountable[.]” 80 They need to “[d]evelop their capacity to 

participate effectively in debates on economic policy and development issues. This requires 

building people’s capacity to formulate and analyze development [and environmental programs] 

and approaches.” 81 They should “develop and/or strengthen institutional structures at the 

regional, sub-regional and national levels…to bring them together” and “[c]reate and enhance 

networks and collaborative relationships among…organizations [to effect]…social change.” 82 

They should “broaden the dissemination of successful African popular participation and grassroot 

[sic] experiences throughout the continent and the exchange of experience thereon to 

create a multiplier effect and sensitize policy-makers.” 83 

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African NGOs should work with “national and regional media” to encourage them to make a 

“special effort to champion the cause of [and publicize activities and programs promoting] 

popular participation… and generally provide access for the dissemination of information and 

education [programs] on popular participation.” 84 They should also make “women’s full 

participation” a high priority and fight for and defend women’s right to participation, in light of 

the “critical contribution” women make to “African societies and economies.” 85 

African and non-African NGOs must ensure that their cooperation, “in all its forms 

[is]…transparent and reflect[s] African priorities” because non-African NGOs’ “influence as 

donors… affects the enabling environment for popular participation.” 86 Together, they 

“should…increasingly provide support for the productive capacities of the African poor and for 

promoting environmentally sound patterns of local development.” 87 

People need to be involved “in monitoring popular participation in Africa on the basis of agreed 

indicators” to measure progress achieved regarding implementation of the Charter 

recommendations. 88 

The ACPPDT is a legally binding instrument, which all African governments have adopted. 89 

Therefore, they must implement the protections and enforcements provided for full exercise of 

the right to public participation, the right to information and the right of freedom of expression 

and opinion related to NRHR activities. 


1. Identify the active local, national and regional efforts aimed at monitoring implementation 

of the Charter in your country and region. 

2. Organize and mobilize partner NGOs and identify ways for the group to collectively facilitate 

your government’s ability to guarantee NRHR-related implementation and free exercise and 

protection of the rights to public participation, information, freedom of expression and 

opinion provided in the Charter. 

2.6 Which International Human Rights Treaties Ratified by African Governments Make it 

Mandatory to Enforce the Public Participation and Information Rights? 

Although HRs advocacy often occurs at local and national levels, the codification of HRs protections first 

occurred at the international level. The following instruments are basic environmental and HRs treaties 

that created the global HRs framework within which nations now govern. Many of the rights granted in 

these instruments have been incorporated into the regional and national NRHR agreements discussed in 

the sections below. 

2.6.1 Charter of the United Nations (UN Charter) 

The UN Charter does not explicitly grant a right to public participation or right to information. 

Nevertheless, it recognizes and protects these rights through its promotion of “universal respect for, 

and observance of, human rights and fundamental freedoms for all.” 90 The UN acknowledges that 

“[t]he denial of human rights and fundamental freedoms…creates conditions of social and political 

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unrest, sowing the seeds of violence and conflict within and between societies and nations.” 91 As a 

fundamental right, therefore, the exercise, protection, and enforcement of the right to public 

participation are necessary conditions for the creation of “stability and well-being.” 92 

All African governments have ratified the Charter. 93 (See Table D.) Therefore, they are legally bound 

to respect and observe public participation and information rights. 94 Although no remedies for 

individuals exist under the Charter, many African nations have incorporated these rights and 

principles into their national constitutions. 


1. List local, national, or regional actions taken by African government officials at every 

level that threaten, impede, or deny exercise, protection, and enforcement of NRHRrelated 

participation rights. 

2. Identify specific steps your NGO can take to partner with government officials at every 

level to strengthen their ability to protect and enforce NRHR-related participation rights. 

3. Submit a formal, written complaint to the ACHPR to document the violation, raise 

awareness of the issue, and obtain conflict resolution assistance. 

PLEASE NOTE: This step may only be followed IF all domestic remedies have been 

exhausted OR IF the domestic mechanisms have not yet produced a final resolution 

and resolution of the violation has been “unduly prolonged.” Determination of 

whether resolution of a violation has been “unduly prolonged” is made at the 

Commission’s discretion. 

4. Maintain regular contact with ACHPR commissioners and representatives to monitor 

progress achieved on addressing and resolving these matters. 

5. For ECOWAS Member-state NGOs: Obtain advice from a well-respected African HRs 

lawyer regarding the advantages of presenting a case about NRHR-related participation 

or information violations before the ECOWAS Community Court of Justice. 

2.6.2 Universal Declaration of Human Rights (Universal Declaration) 

The Universal Declaration was created as a tool to fight oppression and discrimination and provides 

“the foundation [for] international human rights law.” 95 The Declaration – together with the ICCPR 

(United Nations International Covenant for Civil and Political Rights) and the ICESCR (United Nations 

International Covenant for Economic, Social and Cultural Rights) (discussed below) – comprise the 

“International Bill of Rights.” 96 

The Universal Declaration grants the right to direct and indirect participation in government and 

equal access to public service. 97 “The will of the people” provides the basis for governmental 

authority and should be demonstrated through “periodic and genuine elections” in which all citizens 

have equal and equitable opportunities to participate. 98 

The Declaration also grants the right to freely participate in community cultural life and “share in 

scientific advancement and its benefits.” 99 This provision is critical for NRHR advocacy as a result of 

the myriad ways in which environmental wealth extracted from land and water is utilized for 

commercially profitable scientific and medical purposes. A person has “the right to the protection 

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of the moral and material interests resulting from any scientific…production of which [one] is the 

author.” 100 

The Declaration was created to serve “as a statement of objectives to be pursued by 

Governments.” 101 It is not a legally binding document for countries and, as a result, does not have 

any signatories. 102 Due to governments’ acceptance of and voluntary compliance with the norms 

expressed in the Declaration, the rights have become a part of customary international law and are 

enforceable through moral, diplomatic, economic, and other pressure by the UN and other 

nations. 103 


1. Review your country’s constitution to determine whether the fundamental right to public 

participation is stated as a protected human right. 

2. List instances when your organization and its members were denied the opportunity to 

benefit from scientific advancements made possible by the use of NRs extracted from 

local, national, and regional areas your NGO represents. 

3. Identify specific steps your organization can take to partner with government officials to 

strengthen their ability to ensure your organization and its members benefit from 

scientific advancements. 

4. Submit a formal, written complaint to the ACHPR to document NRHR-related 

participation and information rights violations, raise awareness of the issue, and obtain 

conflict resolution assistance. 

PLEASE NOTE: This step may only be followed IF all domestic remedies have been 

exhausted OR IF the domestic mechanisms have not yet produced a final resolution 

and resolution of the violation has been “unduly prolonged.” Determination of 

whether resolution of a violation has been “unduly prolonged” is made at the 

Commission’s discretion. 

5. Maintain regular contact with ACHPR commissioners and representatives to monitor 

progress achieved on addressing and resolving these matters. 

6. For ECOWAS Member-state NGOs: Obtain advice from a well-respected African HRs 

lawyer regarding the advantages of presenting a case about NRHR-related participation 

or information violations before the ECOWAS Community Court of Justice. 

2.6.3 United Nations International Covenant on Civil and Political Rights (ICCPR) 

The ICCPR grants all individuals the right of freedom of expression, which incudes the right to 

freedom of information. 104 The Covenant also grants the public participation right, but it only 

protects that right for citizens. 105 

“The obligation to respect freedoms of opinion and expression is binding on every State party.” 106 

All branches of government, at every level, bear responsibility for protecting and enforcing the right 

and must protect the local from acts by semi-governmental bodies and private individuals and 

entities that would impair enjoyment of these rights. 107 

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Governments are also required to give effect to these rights in their domestic laws. 108 They must 

submit reports demonstrating accomplishment of these goals through legislation, administrative 

practices, judicial decisions, and policies. 109 Governments must also outline available remedies for 

rights violations. 110 


1. Research your domestic laws and determine if the public participation and information 

rights are sufficiently enforced to guarantee full exercise and protection of the right of 

freedom of expression and opinion. 

2. In what specific ways is your country providing adequate enforcement for the right to 

freedom of expression and opinion? 

3. Submit a formal, written complaint to the ACHPR if your research determines that your 

country’s enforcement of the right to freedom of expression and opinion is inadequate. 

2.6.4 Optional Protocol to the ICCPR (ICCPR Optional Protocol) 

Under the ICCPR Optional Protocol, individuals can submit communications to the UN Human Rights 

Council when they believe their ICCPR rights – which include the right to public participation - have 

been violated by their national government. 111 The government must be a signatory to the ICCPR 

and the individual must first have exhausted all domestic remedies. 112 

This remedy, however, can be quite lengthy. If, after twelve to eight months, the Council accepts 

the communication, it may have to wait up to six additional months to receive a clarification from 

the State or an explanation of whether the matter has been resolved. 113 The individual is also given 

the option to comment on the State’s response. 114 In the event of extreme violations, the Council 

may instruct the State to offer interim protection while it decides the case, which may take one to 

two years. 115 Therefore, while this remedy is available to individuals, it does not involve an 

independent fact-finding mission nor does it provide a rapid response. 

2.6.5 United Nations International Covenant on Economic, Social and Cultural Rights 

(ICESCR) and the Optional Protocol to the ICESCR (Optional Protocol I) 

The ICESCR grants a participatory right for individuals to “freely determine their political status and 

freely pursue their economic, social and cultural [ESC] development.” 116 It also promotes creation of 

an educational system that “strengthen[s] the respect for human rights and fundamental freedoms” 

and “enable[s] all persons to participate effectively in a free society.” 117 

The ICESCR grants individuals a NRHR-related right to “freely dispose of their natural wealth and 

resources” and prohibits any act depriving them of a means of subsistence. 118 They should always 

be free to exercise “the inherent right of all peoples to enjoy and utilize fully and freely their natural 

wealth and resources.” 119 To promote exercise of NRHR-related public participation rights, the 

government must disseminate “knowledge of the principles of nutrition” and establish agricultural 

systems that “achieve the most efficient development and utilization of natural resources.” 120 

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In specific situations, a remedy for individuals exists for victims of NRHR-related violations of their 

participation and information rights. 121 State parties are obligated to disseminate the ICESCR and 

Optional Protocol “and to facilitate access to information about the [UN Committee’s] views and 

recommendations, in particular on matters involving that State party, and to do so in accessible 

formats for persons with disabilities.” 122 

The ICESCR is a legally binding document enforceable in the majority of African nations. 123 As of 

mid-2011, Optional Protocol I was not a legally binding document due to pending ratification. 124 No 

African countries have ratified Optional Protocol I. 125 For NRHR NGOs and advocates, ratification of 

Optional Protocol I is critical. The enforceable right to a remedy for individual-victims of ICESCRbased 

violations is conditioned upon ratification of Optional Protocol I. 126 

National HRs organizations – which may include “national human rights commissions through 

Ombudsman offices, public interest or other human rights ‘advocates’, to defenseurs du peuple[,]” – 

can play an important role in protecting and enforcing the exercise of NRHR-related public 

participation and information rights by: 

� Creating educational programs to increase “awareness and understanding of [ESCRs;] 

� Ensuring “existing laws and administrative acts, as well as draft bills and other 

proposals…are consistent with…[ICESCR] requirements[;]” 

� Designing “national[-]level benchmarks against which the realization of Covenant 

obligations can be measured; 

� Researching “the extent to which particular [ESCRs] are being realized[;] 

� “…Monitoring compliance with specific rights recognized under the Covenant and 

providing reports…to the public authorities and civil society; and 

� …Examining complaints alleging infringements of applicable [ESCRs] standards within the 

State.” 127 


1. Design a civic education campaign explaining the importance of having an ICESCR-based 

individual right to bring a case before the ESCRs Committee for NRHR-related violations 

of public participation and information rights. 

2. Organize and mobilize the local, in conjunction with local, national, and regional NGOs 

and HRs lawyers, to encourage your national government to ratify Optional Protocol I. 

3. For ECOWAS Member-State NGOs: Seek legal advice on how to effectively assist 

individuals in presenting cases to the ECOWAS CCJ that address NRHR-related violations 

of participation and information rights under the ICESCR. 

2.6.6 United Nations Declaration on the Rights of Indigenous Peoples (Declaration on 

the Rights of Indigenous Peoples) 

2.6.6.1 Who are Indigenous Peoples in Africa? 

A common belief exists that the term “indigenous peoples” is irrelevant in discussions 

concerning Africa because all Africans should be considered indigenous based on the fact that 

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their ancestors lived on the continent before colonizers arrived. 128 A key characteristic in the 

discussion of indigenous peoples is that communities self-identify and refer to themselves as 

indigenous peoples, rather than being termed “indigenous peoples” by others. 129 Many tribes in 

Africa self-identify as indigenous peoples. 130 A statement by the ACHPR provides insight to 

address concerns about the use of the term and to establish context for the focus on this 

issue. 131 

The ACHPR asserts that indigenous peoples in Africa use the term as a way to 

…describe their situation..(which does not merely focus on aboriginality) in an 

attempt to draw attention to and alleviate the particular form of discrimination 

from which they suffer. They do not use the term in order to deny all other 

Africans their legitimate claim to belong to Africa and identify as such. They are 

using the present-day broad understanding of the term because it is a term by 

which they can very adequately analyze the particularities of their sufferings 

and by which they can seek protection in international human rights law and 

moral standards. 132 

The overall characteristics of groups identifying themselves as indigenous 

peoples are that their cultures and ways of life differ considerably from the 

dominant society, and that their cultures are under threat, in some cases to the 

point of extinction. A key characteristic for most of them is that the survival of 

their particular way of life depends on access and rights to their traditional lands 

and the natural resources thereon. They suffer from discrimination as they are 

regarded as less developed and less advanced than other more dominant 

sectors of society. They often live in inaccessible regions, often geographically 

isolated, and suffer from various forms of marginalization, both politically and 

socially. They are subjected to domination and exploitation within national 

political and economic structures that are commonly designed to reflect the 

interests and activities of the national majority. This discrimination, domination 

and marginalization violates their human rights as peoples/communities, 

threatens the continuation of their cultures and ways of life and prevents them 

from being able to genuinely participate in decisions regarding their own future 

and forms of development… 133 

2.6.6.2 The Declaration on the Rights of Indigenous Peoples 

The Declaration on the Rights of Indigenous Peoples – a critical instrument addressing land- and 

water-related issues – grants 

[i]ndigenous peoples…the right to maintain and strengthen their distinct 

political, legal, economic, social and cultural institutions, while retaining their 

right to participate fully, if they so choose, in the political, economic, social and 

cultural life of the State. 134 

Indigenous peoples have the right to participate in decision-making in matters 

which would affect their rights, through representatives chosen by themselves 

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in accordance with their own procedures, as well as to maintain and develop 

their own indigenous decision-making institutions. 135 

The collective rights granted in the Declaration provide indigenous peoples with a “right to 

determine and develop priorities and strategies for the development or use of their lands or 

territories and other resources.” 136 In the event of relocation, they have the right to “free, prior, 

and informed consent” before relocation occurs only “after agreement on just and fair 

compensation and, where possible, with the option of return.” 137 In these instances, State 

parties must use “appropriate measures…to mitigate adverse environmental, economic, social, 

cultural or spiritual impact.” 138 

States have affirmative responsibilities to consult with indigenous peoples and institutions “to 

obtain their free, prior and informed consent before adopting and implementing legislative or 

administrative measures that may affect them” and before approving projects “affecting their 

lands or territories and other resources, particularly in connection with…mineral[s], water or 

other resources.” 139 Project design and implementation should only occur in the context of a 

“fair, independent, impartial, open and transparent process” where “indigenous peoples’ laws, 

traditions, customs and land tenure systems” are taken into account. 140 “Indigenous peoples 

shall have the right to participate in this process.” 141 

Meaningful opportunities for participation should be facilitated by providing indigenous 

peoples’ with “access to all forms of non-indigenous media without discrimination.” 142 

In the event of an NRHR-related participation or information rights violation, governments may 

need to provide restitution, “developed in conjunction with indigenous peoples.” 143 When 

restitution is not possible, indigenous peoples have the right to 

…just, fair and equitable compensation, for the lands, territories and resources 

which they have traditionally owned or otherwise occupied or used, and which 

have been confiscated, taken, occupied, used or damaged without their free, 

prior and informed consent. 144 

Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the 

form of lands, territories and resources equal in quality, size and legal status or of monetary 

compensation or other appropriate redress. 145 

Rights provided in the Declaration “constitute the minimum standards for the survival, dignity 

and well-being of the indigenous peoples of the world.” 146 The Declaration is not a legally 

binding instrument. 147 However, a majority of African governments adopted the Declaration. 148 

(See Table D.) Therefore, they are expected to meet or exceed the obligations contained in the 

Declaration. 

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1. Is the issue of indigenous/tribal peoples a matter of concern in your country? For example, 

have communities asserting an ancestral connection to the land, water, or natural resources 

in your country experienced a history of marginalization, discrimination or exploitation? 

2. Research whether your national government adopted the Declaration. 

3. If indigenous/tribal issues are a matter of concern in your country, design a strategy for your 

organization to mobilize local, national, and regional organizations, HRs lawyers, and the 

indigenous/tribal peoples to obtain greater NRHR-related protections for these citizens. 

2.7 Extractive Activities, NRHR Protections and the Right to Public Participation 

2.7.1 What are Extractive Activities? 

Extractive activities are actions taken to remove valuable, tangible assets from the land or water, 

such as water itself, oil, minerals, timber, land and water species, and plants. Human dependency 

on the myriad ways in which these assets sustain life and promote production and trade creates 

their value. 

2.7.2 How are Extractive Activities Linked to Public Participation Rights? 

Extractive activities always involve removal of a resource from the land or from a body of water. 

Often, the affected area serves many purposes for a community or nation. The land may be a place 

where countless villages and communities have established their homes and may be located at or 

near a body of water irrigating the land and nourishing livestock. The land and water may serve as 

thriving habitats for species critical to the maintenance of a delicate ecosystem. The land or water 

may have cultural, historic, or sacred significance and, therefore, should not be disturbed. 

In many parts of the world, land and water are scarce, valuable resources. The discovery of 

additional valuable assets on or under the soil or in the water and the interest by some to remove 

those resources for commercial gain or private consumption often causes conflict over who has legal 

authority to decide how the land, water, and their assets should be used. 

In any country, legitimate extractive activities can only occur subject to national government 

consent. As evidenced above in the numerous African and international treaties granting and 

protecting full, effective exercise of the right to public participation, individuals and NGOs have a 

right and should expect to be fully involved in all environmental decision and policy-making that 

directly and indirectly affects them and their communities. 

In Africa, extractive activities are conducted by large-scale and small-scale extractors, such as 

artisanal miners and fishers. 149 “Artisanal mining is practiced by individuals, groups, families, or 

cooperatives, using simple, un-mechanized tools and equipment, and usually occurring outside the 

legal and regulatory framework.” 150 The detrimental impact small-scale extractors have on the 

environment is similar to those of large-scale extractors. 151 Dumping, pollution, land erosion, 

excessive use of timber, and a rapid influx of workers into previously unpopulated areas place 

severe strains on the environment and surrounding communities. 152 Thus, NGOs must also be 

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aware of small-scale activity occurring in their areas and design effective strategies to engage with 

these extractors and the government to ensure they protect HRs and the environment. 

Africa continues to suffer from national and regional conflicts and wars that have erupted over 

clashes for control of valuable natural resources. Killings, massive internal displacement, and grave 

HRs violations often make it impossible for NGOs to operate in many locations. When an NGO is in a 

position to influence national policymakers, it should encourage the government to address the role 

NRs play in the conflict throughout the conflict resolution process to ensure adequate attention is 

given to NR-related causal factors. 153 During periods of violent conflict, NGOs should, to the best of 

their ability: 

1. Remain informed about the status of the conflict; 

2. Monitor and assess physical and other impacts the conflict has on the NGOs’ members; and 

3. Document NRHR violations for possible future ADR, administrative, or judicial review. 


1. Is small-scale extraction occurring in your country? If so, is the activity causing harmful 

effects to the environment? Are HRs violations occurring? 

2. Identify the large- and small-scale extractors in your country, assess the impact their 

activities have on the environment and on the exercise of participation and information 

rights, and design effective strategies to engage in dialogue with the extractors, the 

government, and all affected populations to attain environmental and HRs protections. 

2.7.3 Environmental Impact Assessment (EIA): An Essential Step in Community 

Awareness and Participation 

An EIA is a multi-step process identifying possible environmental effects of a proposed extractive 

activity and specifies actions to be taken to mitigate harm. 154 “The purpose of the EIA process is to 

inform decision-makers and the [local] of the environmental consequences of implementing a 

proposed project.” 155 Harm to “the physical environment, as well as social, cultural, and health 

impacts” is evaluated. 156 Either the extractor or the government pays for the assessment. 157 

If the EIA process is successful, it identifies alternatives and mitigation measures 

to reduce the environmental impact of a proposed project…It is important to 

note that the EIA process does not guarantee that a project will be modified or 

rejected if the process reveals that there will be serious environmental impacts. 

In some countries, a decision-maker may, in fact, choose the most 

environmentally-harmful alternative, as long as the consequences are disclosed 

in the EIA. In other words, the EIA process ensures an informed decision, but not 

necessarily an environmentally beneficial decision. 158 

2.7.4 What is the Role of Public Participation in the EIA Process? 

NGOs should be involved in the process as early as possible, particularly when a project is first being 

considered during the screening process. 159 As a project is designed and an EIA is prepared, the “key 

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environmental issues” addressed in the EIA must be identified. 160 NGOs and the local should be 

intricately involved in this identification phase – known as “scoping” - to learn about a project and 

“voice their opinions.” 161 They need to remain engaged throughout the life of the project to 

comment on developments, raise awareness about new issues, and assist in monitoring the 

project’s impact on HRs and the environment. 162 

Public participation is critical because the local “often provides valuable information that might be 

missed by outside experts.” 163 Also, public participation makes it more likely that an approved 

project will be viewed as legitimate by the local and, therefore, will receive its support. 164 

Public participation requires NGOs to understand the national legal framework governing extractive 

activities. 165 Regulations may exist in numerous sources, such as laws addressing EIA, land tenure, 

cultural heritage sites, environmental protection, access to information, public participation, and 

even in the constitution. 166 The form of participation must be meaningful and facilitate genuine 

opportunities to make substantive contributions to the process. 167 

Public participation may consist of informational meetings, public hearings, and 

opportunities to provide written comments about a proposed project. However, 

there are no consistent rules for public participation among current EIA systems. 

Even within a particular country, there can be variations in the quality and 

extent of public involvement in the EIA process, depending on the type of 

project being considered, the communities that may be affected, or government 

agencies that are overseeing the project. 168 

Comments should always be submitted in written form to provide documentation of 

participation. 169 They should include specific, verifiable concerns and statements supported by 

strong evidence, when required, in the event administrative or judicial review is later required. 170 

NGOs engaged in NRHR advocacy related to extractive activities must identify practical ways for the 

organization and its members to effectively participate in every aspect of project planning to ensure 

environmental and HRs protections are articulated, monitored and enforced. 


1. Does your country have EIA laws? If so, do they provide effective public participation 

opportunities throughout the extractive activity planning and implementation stages? 

2. If your country does not have EIA laws, research and evaluate the effectiveness of the 

methods used by the national government and extractors to offer NGOs and their members 

timely, informed opportunities to participate in all aspects of extractive activity planning 

and decision-making. 

3. Design a strategy your organization will use to become actively involved in the extractive 

activity decision-making processes to ensure protection of HRs and the environment and 

identify the government and extractor representatives with whom your organization needs 

to partner to achieve these goals. 

Page 25 of 51 


GENERAL TIPS FOR EFFECTIVE PARTICIPATION IN THE EIA PROCESS 171 

� Identify the ministries or agencies that have decision-making authority over the proposed 

project. 

� Identify the key individuals who will be responsible for the decisions that concern you[r 

organization]. 

� Collaborate and join forces with organizations or groups that share a similar interest in the 

issues that concern you[r organization]. 

� Monitor local newspapers for official announcements or articles about a proposed project and 

opportunities to submit comments or attend hearings. 

� Participate at every possible opportunity provided by the government or project proponent, 

whether by submitting written comments or attending a public hearing. 

� Advocate for receipt of EIA information within a minimum of 6 months before responses are 

due to allow sufficient time to express your opinions. EIA documents submitted to communities 

and NGOs within short, unrealistic timeframes constitute a violation of the right to information. 

2.7.5 Which Environmental Protection Treaties Requiring Avoidance or Mitigation of 

Environmental Harm Make Extractive Industry-Related Public Participation and 

Community Empowerment Mandatory? 

2.7.5.1 What is the Precautionary Principle (PP)? 

The Precautionary Principle (PP) advocates for protection of human health and the environment 

through continual empirical and circumstantial consideration of actual and potential effects of 

actions – often without complete or confirmed scientific or technological knowledge – on 

present and future generations to avoid unacceptable levels of actual or potential, severe or 

irreversible harm to human health and the environment. 172 

The instruments noted above highlighted provisions that made protection and enforcement of 

the exercise of NRHR-related public participation rights mandatory. The documents discussed 

below were developed with an aim of prevention and are additional sources granting 

mandatory, NRHR-related public participation rights. 

2.7.5.2 Binding Agreements 

2.7.5.2.1 Convention on Biological Diversity (CBD) 

A majority of African nations have ratified the CBD. 173 Governments must involve the local 

in biological diversity conservation efforts by using media and school curricula to heighten 

awareness about its importance and present effective prevention and protection 

measures. 174 Governments must support local efforts to combat degradation in affected 

areas and require EIAs and timely, effective public participation for proposed projects “that 

are likely to have significant adverse effects on biological diversity[.]” 175 

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1. Are messages explaining the importance of biological diversity conversation 

efforts and presenting effective conservation methods broadcast on your 

national or local media and taught in your country’s schools? 

2. Do your national and local government officials provide tangible support to 

your organization’s efforts to combat environmental degradation? 

3. If neither of these actions occur in your country, design a strategy your 

organization will follow to partner with the government to improve these 

efforts. 

2.7.5.3 Non-Binding Instruments 

2.7.5.3.1 Guiding Principles on Business and Human Rights: Implementing the 

United Nations “Protect, Respect and Remedy” Framework (Guiding 

Principles) 

The Guiding Principles equip private sector entities with concrete steps to implement their 

corporate social responsibility (CSR) goals and provide actions governments can take to 

create favorable legal and other environments for CSR. 176 The premise of the Guiding 

Principles is that: 

� Governments have an obligation to “respect, protect and fulfil [sic] human 

rights and fundamental freedoms;” 

� Private sector entities must obey all laws and respect human rights in every 

country where they work; and 

� When human rights violations occur, governments and businesses must apply 

“appropriate and effective remedies[.]” 177 

Governments “must protect against human rights abuse within their territory and/or 

jurisdiction by third parties, including business enterprises[]” which requires them to take 

“appropriate steps to prevent, investigate, punish and redress such abuse through effective 

policies, legislation, regulations and adjudication.” 178 

Corporations should publicize their commitment to respect HRs in policies they make 

available to the local and take responsibility for “adverse human rights impacts with which 

they are [directly or indirectly] involved.” 179 Corporations should conduct assessments to 

evaluate 

any actual or potential adverse human rights impacts with which they may 

be involved either through their own activities or as a result of their 

business relationships. This process should: 

(a) Draw on internal and/or independent external human rights 

expertise; [and] 

Page 27 of 51 


(b) Involve meaningful consultation with potentially affected groups 

and other relevant stakeholders, as appropriate to the size of the 

business enterprise and the nature and context of the operation. 180 

Corporations should be prepared to share information about the steps they take to address 

the impact their activities have on HRs, “particularly when concerns are raised by or on 

behalf of affected stakeholders.” 181 

Business enterprises whose operations or operating contexts pose risks of 

severe human rights impacts should report formally on how they address 

them. In all instances, communications should: 

(a) Be of a form and frequency that reflect an enterprise’s human rights 

impacts and that are accessible to its intended audiences; 

(b) Provide information that is sufficient to evaluate the adequacy of an 

enterprise’s response to the particular human rights impact involved; [and] 

(c) In turn[,] not pose risks to affected stakeholders, personnel or to 

legitimate requirements of commercial confidentiality. 182 

2.7.5.3.2 The Equator Principles 

Some financial institutions providing loans for extractive activities hold extractor-clients 

accountable for socially responsible business practices by insisting upon compliance with 

the Equator Principles as a condition of the loan. 183 The Equator Principles are a set of nonbinding 

guidelines borrowing companies voluntarily adopt to assist them in developing and 

implementing socially responsible, environmentally sound practices throughout every phase 

of an extractive project exceeding USD $10M. 184 When an extractor adopts the Principles, 

some of the actions to which it agrees are to: 

� Conduct an “internal social and environmental review and due diligence” for a 

proposed project and categorize the project based on specific criteria evaluating 

potential environmental impacts and risks; 185 

� Guarantee “free, prior and informed consultation” with the communities for 

“projects with significant adverse impacts” and “facilitate their informed 

participation” by making documentation available in local languages, for a 

reasonable amount of time, far in advance of project commencement as a way 

of “adequately incorporat[ing] affected communities’ concerns[;]” 186 and 

� Establish an accessible grievance mechanism for the affected communities and 

conduct it in a transparent, culturally appropriate manner. 187 

Governments must establish and enforce environmental and HRs protection laws, provide 

incentives for corporate compliance and employ swift, effective remedies when violations 

occur. 

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NGOs can also play a role by monitoring extractive activities and reporting potential and 

actual violations to the corporation, government, and local leaders. They must keep 

themselves and their members informed of planned and ongoing extractive activities 

occurring in or affecting their communities. 

1 

See Amnesty Int’l, Human Rights Basics, http://www.amnestyusa.org/research/human-rights-basics (last visited 

July 20, 2011). 

2 

See id. 

3 

See ACHPR, OAU – OUA INFO. SHEET NO. 1, ESTABLISHMENT, available at 

http://www.achpr.org/english/_info/history_en.html. 

4 

See id. 

5 

See ACHPR, INFO. SHEET NO. 2 – GUIDELINES OF THE SUBMISSION OF COMMC’NS, available at 

http://www.achpr.org/english/_info/guidelines_communications_en.html. 

6 

See ACHPR, INFO. SHEET NO. 3 – COMMC’N PROCEDURE, available at 

http://www.achpr.org/english/_info/communications_procedure_en.html. 

7 

See ACHPR, INFO. SHEET NO. 2 – GUIDELINES OF THE SUBMISSION OF COMMC’NS, available at 

http://www.achpr.org/english/_info/guidelines_communications_en.html (the African Charter refers to the 

African Charter for Human and Peoples’ Rights discussed in detail in § 2.41.). 

8 

Id. 

9 

Id. 

10 

See Anna Dolidze, Afr. Ct. on Human & People’s Rights – Response to the Situation in Libya in 15 INSIGHTS (Amer. 

Society of Int’l L., Wash., D.C.), July 26, 2011, at 2, available at 

http://www.asil.org/pdfs/insights/insight110725.pdf, citing Protocol to the ACHPR on the Establishment of an 

AfCHPR, art. 2, available at http://www.achpr.org/english/_info/court_en.html (“…On July 1, 2008, the AU 

adopted a protocol to the African Charter merging the African Human Rights Court with the Court of Justice of the 

African Union into one Court, ‘The African Court of Justice and Human Rights.’ The change will become effective 

when fifteen states deposit their instruments of ratification”). 

11 

Id. 

12 

Id. 

13 

Id., citing Protocol to the African Charter, arts. 5, 34(6). 

14 

Id. at 3, citing AU, List of Countries which have Signed, Acceded to, Ratified the Protocol. 

15 

African Charter on Human and Peoples’ Rights, art. 9, adopted June 27, 1981 [hereinafter African Charter], 

available at http://www.africaunion.org/official_documents/treaties_%20conventions_%20protocols/banjul%20charter.pdf. 

16 

See id. at art. 13, paras. 1-2. 

17 See id. at art. 21, para. 1. 

18 Id. at art. 22, para. 1. 

19 Id. at art. 24. 

20 See Declaration of Principles on Freedom of Expression in Africa, art. I, para. 1, adopted 17-23 Oct. 2002 

[hereinafter DPFEA], available at http://afrimap.org/english/images/treaty/africa-declaration-of-principles-onfoe.pdf. 

21 See id. at art. I, para. 2. 

22 See id. at art. XVI. 

23 See U. OF PRETORIA CTR. FOR HUMAN RIGHTS, INTRODUCTORY CONSULTATION ON THE DRAFT MODEL LAW FOR AU MEMBER 

STATES ON ACCESS TO INFORMATION, 29 APRIL, BANJUL, THE GAMBIA, (2011) 

http://www.chr.up.ac.za/index.php/news.html. 

24 See id. 

25 See Draft Model Law for AU Member States on Access to Information, paras. 2(1)(c) [hereinafter Draft Model 

Law], available at http://www.achpr.org/english/other/MODEL%20LAW%20FINAL.pdf. 

26 See Draft Model Law, supra note 25, paras. 59-60(3). 

27 See id. at para. 63(4). 

Page 29 of 51 


28 

See id. at para. 70(2). 

29 


30 

Id. at para. 67(3). 

31 

See id. at paras. 81-83. 

32 

See id. 

33 

See id. at para. 88. 

34 

See id. at paras. 94(2)-(3). 

35 


36 

See African Convention on the Conservation of Nature and Natural Resources, art. XVI, adopted July 11, 2003 

[hereinafter African Convention], available at http://www.africaunion.org/root/au/Documents/Treaties/Text/nature%20and%20natural%20recesource.pdf. 

37 

See African Convention, supra note 36. 

38 Id. at art. XVI, paras. 1(a)-(d). 

39 Id. at art. XVIII, para. 1. 

40 See id. at art. XVIII, para. 2. 

41 

Id. 

42 

See id. at art. XIX. 

43 

See id. at art. XX, para. 1(a). 

44 

See id. at art. XX, paras. 1(b)-2. 

45 

See id. at art. XX, para. 2[sic] (in the online pdf version of the African Convention text, the paragraph cited here is 

listed as paragraph “2.” However, the preceding paragraph in the Convention text is labeled “2.” Therefore, it is 

likely that this paragraph should be listed and cited as paragraph “3”). 

46 

See AFRICAN UNION [AU], LIST OF COUNTRIES WHICH HAVE SIGNED, RATIFIED/ACCEDED TO THE REVISED AFRICAN CONVENTION ON 

THE CONSERVATION OF NATURE AND NATURAL RESOURCES (2010), available at http://www.africaunion.org/root/au/Documents/Treaties/List/Revised%20Convention%20on%20Nature%20and%20Natural%20Res 

ources.pdf (as of Feb. 3, 2010, eight countries had ratified the African Convention – Burundi, Comoros, Ghana, 

Libya, Lesotho, Mali, Niger, and Rwanda); see also African Convention, art. XXXVIII, para. 1. 

47 

See African Convention, supra note 36, art. XXVI, para. 1. 

48 

See id. at art. XXVI, para. 6. 

49 

See African Convention. 

50 

See The Rio Declaration on Environment and Development, prins. 5, 10, 22, adopted June 3-14, 1992 [hereinafter 

Rio Declaration], available at http://www.unescap.org/esd/environment/rio20/pages/Download/Rio_Declaration- 

E.pdf. 

51 

Rio Declaration, supra note 50, prin. 10. 

52 See id. 

53 Id. 

54 See U.N. ENVIRONMENT PROGRAMME [UNEP], GUIDELINES FOR NATIONAL INTEGRATED ENVIRONMENTAL ASSESSMENT REPORT – 

PREPARATION IN AFRICA, FINAL DRAFT 6 (2004), available at 

http://www.unep.org/dewa/africa/docs/en/NIEAR_Guidelines-Revised_26Nov04_en.pdf. 

55 See David J. Doulman, Food & Agriculture Organization of the UN [FAO], Structure and Process of the 1993-1995 

UN Conference on Straddling Fish Stocks & Highly Migratory Fish Stocks, 898 FAO FISHERIES CIRCULAR (1995), 

available at http://www.fao.org/docrep/V9929E/v9929E02.htm. 

56 See id. 

57 See U.N., U.N. CONFERENCE ON ENVIRONMENT AND DEVELOPMENT [UNCED], 2, available at 

http://www.un.org/geninfo/bp/enviro.html; also available at http://www.un.org/geninfo/bp/envirp2.html; see 

also Agenda 21 Programme of Action, chap. 3.7, adopted June 1992 [hereinafter Agenda 21], available at 

http://www.un.org/esa/sustdev/documents/agenda21/english/Agenda21.pdf. 

58 Agenda 21, supra note 57, chap. 23.2. 

59 Id. at chap. 24.2(a)-(b). 

60 See id. at chap. 25.9(a)-(b). 

61 See id. at chap. 26.3(ii), 26.3(vi) (see Glossary for definition of “indigenous peoples”). 

Page 30 of 51 


62 

See id. at chaps. 27.6, 27.9(d), 27.9(g), 27.10(c). 

63 

See id. at chap. 32.6(c). 

64 

See id. at chap. 32.8(a). 

65 

Id. at chap. 32.8(c). 

66 

See id. at chap. 32.8(b). 

67 

See id. at chap. 32.7(a). 

68 

See UNEP, supra note 54. 

69 

See id. 

70 

See African Charter for Popular Participation in Development and Transformation, para. 11, adopted Feb. 12-16, 

1990 [hereinafter ACPPDT], available at http://www.afrimap.org/english/images/treaty/file4239ac8e921ed.pdf. 

71 

Id. at para. 7. 




75 Id. 


77 Id. at para. 23.A.3.iii. 

78 Id. at para. 23.D.d. 

79 Id. 

80 See id. at para. 23.D.a. 

81 Id. at para. 23.B.b. 

82 Id. at paras. 23.B.f., 23.D.b. 

83 Id. at para. 23.D.c. 

84 See id. at para. 23.E.a. 

85 See id. at para. 12. 

86 See id. at para. 23.D.j. 

87 Id. at para. 23.D.k. 


89 See id. at paras. 1-5. 

90 See Charter of the UN, art. 55(c), adopted June 25, 1945 [hereinafter U.N. Charter], available at 

http://treaties.un.org/doc/Publication/CTC/uncharter.pdf (entered into force Oct. 24, 1945). 

91 U.N., Human Rights Curriculum: Understanding Human Rights, 

http://www.un.org/cyberschoolbus/humanrights/about/understanding.asp (last visited July 21, 2011). 

92 See U.N. Charter, supra note 90, art. 55. 

93 See U.N. Treaty Collection [UNTC], Chap. I.1 Charter of the UN, San Francisco, 26 June 1945, available at 

http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=I-1&chapter=1&lang=en; see also UNTC, 

Chap. I.2 Declarations of Acceptance of the Obligations Contained in the Charter of the UN – Admission of States to 

Membership in the UN in Accordance with Article 4 of the Charter, available at 

http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=I-2&chapter=1&lang=en. 

94 See U.N. Charter, art. 56. 

95 See U.N., A UN Priority [hereinafter U.N. Priority], available at http://www.un.org/rights/HRToday/declar.htm. 

96 See U.N. Priority, supra note 95 (the 1 st and 2 nd Optional Protocols to the ICCPR also constitute the International 

Bill of Rights. They are excluded from the present discussion, however, because they address grievance matters 

concerning individuals and advocate for abolition of the death penalty, respectively). 

97 See United Nations Universal Declaration of Human Rights, art. 21(1)-(2), opened for signature Dec. 10, 1948 

[hereinafter Universal Declaration], available at 

http://www.un.org/events/humanrights/2007/hrphotos/declaration%20_eng.pdf. 

98 See id. at art. 21(3). 

99 See id. at art. 27(1). 

100 See id. at art. 27(2). 

Page 31 of 51 


101 U.N. Ass’n in Canada, Questions and Answers about the Universal Declaration of Human Rights, 

http://www.unac.org/rights/question.html (last visited Aug. 12, 2011). 

102 See U.N. Ass’n in Canada, supra note 101. 

103 See id. 

104 See United Nations International Covenant on Civil and Political Rights, art. 19, para. 2, opened for signature 

Dec. 19, 1966 [hereinafter ICCPR], available at http://www2.ohchr.org/english/law/pdf/ccpr.pdf (entered into 

force Mar. 23, 1976). 

105 See U.N. Human Rights Comm., General Comment No. 25: The Right to Participate in Public Affairs, Voting 

Rights and the Right to Equal Access to Public Service (Art. 25), 3, U.N. Doc. CCPR/C/21/Rev.1/Add.7, General 

Comment No. 25. (July 12, 1996), available at 

http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/d0b7f023e8d6d9898025651e004bc0eb?Opendocument. 

106 Human Rights Comm., Office of the U.N. High Commissioner for Human Rights [OHCHR], General Comment No. 

34, 7, U.N. Doc. CCPR/C/GC/34, 102 nd Session (July 21, 2011), available at 

http://www2.ohchr.org/english/bodies/hrc/docs/gc34.pdf; see also OHCHR, Civil and Political Rights: The Human 

Rights Committee, Fact. Sheet No. 15 (Rev. 1), 2, available at 

http://www.ohchr.org/Documents/Publications/FactSheet15rev.1en.pdf (the Committee is comprised of 

independent experts elected by State parties to the treaty whose Comments are well-respected due to their 

impartiality and depth of human rights experience). 

107 See id. 

108 See id. at 7. 

109 See id. 

110 See id. 

111 See Optional Protocol to the ICCPR, pmbl., opened for signature Dec. 16, 1966 [hereinafter Optional Protocol], 

available at http://www2.ohchr.org/english/law/pdf/ccpr-one.pdf (entered into force Jan. 3, 1976). 

112 See Optional Protocol, supra note 111; see also Optional Protocol at art. 3. 

113 See id. at art. 4.2. 

114 See Office of the United Nations High Commissioner for Human Rights [UNHCR], First Optional Protocol to the 

International Covenant on Civil and Political Rights, available at 

http://www2.ohchr.org/english/bodies/hrc/procedure.htm. 

115 See id. 

116 See U.N. International Covenant for Economic, Social and Cultural Rights, art. 1.1, opened for signature Dec. 16, 

1966 [hereinafter ICESCR], available at http://www2.ohchr.org/english/law/pdf/cescr.pdf (entered into force Jan. 

3, 1976). 

117 See ICESCR, supra note 116, art. 13.1. 

118 See id. at art. 1.2 

119 See id. at art. 25. 

120 See id. at art. 11.2(a). 

121 See U.N. Gen’l. Assembly [UNGA], Optional Protocol to the ICESCR [Optional Protocol I], arts. 1-3, adopted Dec. 

10, 2008, available at http://www2.ohchr.org/english/law/docs/A.RES.63.117_en.pdf (a remedy for individuals 

exists provided the State party is a party to Optional Protocol I and all domestic remedies have been exhausted). 

122 See Optional Protocol I, supra note 121, art. 16. 

123 See UNTC, International Covenant on Economic, Social and Cultural Rights, available at 

http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-3&chapter=4&lang=en (see Annex F for 

list of African signatories and State parties). 

124 See UNTC, Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, available at 

http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-3-a&chapter=4&lang=en. 

125 See id. (see Table D for list of African signatories). 

126 See UNGA, supra note 121, art. 1. 

127 See U.N. Comm. on Economic, Social and Cultural Rights, Draft General Comment No. 10: The Role of National 

Human Rights Institutions in the Protection of Economic, Social and Cultural Rights, 2-3 U.N. Doc. 

Page 32 of 51 


E/C.12/1998/25, available at http://daccess-ddsny.un.org/doc/UNDOC/GEN/G98/148/41/PDF/G9814841.pdf?OpenElement 

(adopted Dec. 1, 1998). 

128 

See ACHPR, INT’L WORKING GROUP ON INDIGENOUS AFFAIRS [IWGIA], INDIGENOUS PEOPLES IN AFRICA: THE FORGOTTEN 

PEOPLES? – THE AFRICAN COMMISSION’S WORK ON INDIGENOUS PEOPLES IN AFRICA 10 (2006), available at 

http://www.achpr.org/english/Special%20Mechanisms/Indegenous/ACHPR%20WGIP%20Report%20Summary%20 

version%20ENG.pdf. 

129 

See ACHPR, IWGIA, supra note 128, 11; accord UNGA, U.N. Declaration on the Rights of Indigenous Peoples, art. 

33, para. 1, adopted Sept. 13, 2007, available at http://www.un.org/esa/socdev/unpfii/documents/DRIPS_en.pdf 

(“Indigenous peoples have the right to determine their own identify or membership in accordance with their 

customs and traditions”). 

130 

See ACHPR, IWGIA at 14-6 (some tribes listed on the ACHPR chart include the: 1) Tuareg and Fulani in Burkina 

Faso; 2) Bakola/Bagyeli, Baka, Medzam, and Mbororo in Cameroon; 3) Yaka in the Republic of Congo; 4) Batwa, 

Bacwa, and Bambuti in the Democratic Republic of Congo; 5) Tuareg and Amazigh in Mali; 6) Tuareg, Fulani, 

Toubou in Niger; and 7) Ogoni in Nigeria). 

131 

See id. at 10, 12. 

132 

Id. at 12. 

133 

Id. at 10. 

134 

Declaration on the Rights of Indigenous Peoples, supra note 129, art. 5. 

135 Id. at art. 18. 

136 Id. at art. 32, para. 1. 

137 Id. at art. 10. 


139 Id. at art. 19. 

140 See id. at art. 27. 

141 Id. 

142 Id. at art. 16. 


144 Id. at art. 28, para. 1. 

145 Id. at art. 28, para. 2. 

146 Id. at art. 43. 

147 See Siegfried Weissner, U.N., United Nations Declaration on the Rights of Indigenous Peoples, UN General 

Assembly Resolution 61/295, New York, 13 September 2007, 5-6, available at 

http://untreaty.un.org/cod/avl/pdf/ha/ga_61-295/ga_61-295_e.pdf. 

148 See U.N. Bibliographic Info. System [UNBIS], Voting Record, available at 

http://unbisnet.un.org:8080/ipac20/ipac.jsp?profile=voting&index=.VM&term=ares61295#focus. 

149 See BIODIVERSITY ANALYSIS & TECH. TEAM [BATS], U.S. AGENCY FOR INT’L DEV. [USAID], PARTNERING WITH EXTRACTIVE 

INDUSTRIES FOR THE CONSERVATION OF BIODIVERSITY IN AFRICA: A GUIDE FOR USAID ENGAGEMENT, 31, 53 (2008), available at 

http://pdf.usaid.gov/pdf_docs/PNADN726.pdf. 

150 BATS, supra note 149, 31. 

151 See id. 

152 See id. at 31, 53. 

153 See UNEP, U.N. Interagency Framework Team for Preventive Action, Extractive Industries and Conflict – 

Guidance Note for Practitioners (Draft), 17-8 (2010), available at 

http://www.unep.org/conflictsanddisasters/Portals/6/ECP/GN_Extractive_Consultation.pdf. 

154 See ENVTL. LAW ALLIANCE WORLDWIDE [ELAW], GUIDEBOOK FOR EVALUATING MINING PROJECT EIAS, 19 (1 st ed. 2010), 

available at http://www.elaw.org/files/mining-eia-guidebook/Full-Guidebook.pdf. 

155 ELAW, supra note 154. 

156 Id. 

157 See U.N. Econ. Comm’n for Africa [ECA], Improving Public Participation in the Sustainable Development of 

Mineral Resources in Africa, 8, U.N. Doc. ECA/SDD/04/02 (2004), available at 

http://www.uneca.org/eca_resources/publications/sdd/public_participation.pdf. 

Page 33 of 51 


158 

ELAW, supra note 154. 

159 


160 


161 

Id. at 19, 22. 

162 

See id. at 22-3. 

163 

ECA, supra note 157, 11. 

164 

See id. 

165 

See ELAW, supra note 157, 86. 

166 

See id. 

167 


168 

Id. at 22-3. 

169 


170 

See id. 

171 

Id. at 93 (the first five statements are taken verbatim from the ELAW Guidebook. The sixth statement was 

composed by Global Rights). 

172 

See U.N. Educational, Scientific and Cultural Org. [UNESCO], World Commission on the Ethics of Scientific 

Knowledge and Technology [COMEST], The Precautionary Principle, 8, 10, 12-14 (2005), available at 

http://unesdoc.unesco.org/images/0013/001395/139578e.pdf. 

173 

See UNEP, Convention on Biological Diversity List of Parties, http://www.cbd.int/information/parties.shtml (last 

visited Aug. 17, 2011). 

174 See Convention on Biological Diversity, art. 13(a), opened for signature June 5, 1992 [hereinafter CBD], available 

at http://www.cbd.int/doc/legal/cbd-en.pdf (entered into force Dec. 29, 1993). 

175 See CBD, supra note 174 at arts. 10(d), 14.1(a). 

176 Special Representative of the Secretary-General on the Issue of Human Rights and Transnational Corporations 

and Other Business Enterprises, Report of the Special Representative of the Secretary-General on the Issue of 

Human Rights and Transnational Corporations and Other Business Enterprises, Guiding Principles on Business and 

Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework, Advance Edited 

Version, delivered to the U.N. Human Rights Council, U.N. Doc. A/HRC/17/31 (Mar. 21, 2011) [hereinafter Guiding 

Principles], available at http://www.business-humanrights.org/media/documents/ruggie/ruggie-guidingprinciples-21-mar-2011.pdf 

(endorsed by the U.N. Human Rights Council June 2011). 

177 See Guiding Principles, supra note 176, annex 6. 

178 See id at para. 1. 

179 See id. at paras. 11, 16(d). 

180 Id. at para. 18. 


182 Id. 

183 See Adopting Inst. of The Equator Principles [Equator Principles Adopting Inst.], Are the Equator Principles Part 

of an IFC or World Bank Initiative or Programme?, available at http://www.equatorprinciples.com/index.php/about-ep/faqs/42-about/frequently-asked-questions/28. 

184 See Equator Principles Adopting Inst., supra note 183; citing also Equator Principles Adopting Inst., About the 

Equator Principles, available at http://www.equator-principles.com/index.php/about-the-equator-principles. 

185 See EQUATOR PRINCIPLES ADOPTING INST., THE EQUATOR PRINCIPLES, PRIN. 1 (Jul. 2006), available at http://www.equator- 

principles.com/resources/equator_principles.pdf. 

186 See id. at prin. 5. 

187 See id. at prin. 6. 

Page 34 of 51 


Chapter 3 Community Organization and Empowerment: Incorporating Effective and Non- 

Traditional Strategies to Increase Public Participation 

3.1 Listening to and Training Communities for Action – Capitalizing on Sensory Awareness 

Through the Performing and Visual Arts and Active Listening 

3.1.1 What Value Does the Performing and Visual Arts Bring to Participatory NRHR 

Advocacy? 

Using creative methods to engage civil society in participatory, NRHR-related advocacy is an underutilized, 

extremely effective means of disseminating information, conducting civic education 

campaigns, and raising awareness through repetition of one or two main messages about critical 

issues affecting communities. Street theater, poetry, music, dance, and other performing and visual 

art forms allow creative expression of messages that challenge people to act. 1 Performing and 

visual art presentations capture peoples’ attention by appealing to their emotions, conscience, and 

mind with compelling stories and depictions that deliver messages they need to understand and 

accept. 

Behavior change is always the goal of these art forms when used for civic engagement purposes. 2 

Theatrical performances, developed with community members’ participation, 

…that addresses risks in a community context has the flexibility and power to 

motivate such behavior change. It provides a safe way for vulnerable people to 

speak and for communities to talk about taboo issues, and it reaches the literate 

and the illiterate alike. 3 

Visual arts can stimulate an appreciation for nature and direct peoples’ attention in a focused 

manner. 4 Documentary and amateur films addressing specific subjects have a tremendous impact 

on peoples’ thoughts. Music can sharpen peoples’ ability to retain concrete messages and hear and 

value the sounds of nature. 5 Creation of short, meaningful songs containing a primary message 

repeated throughout the piece represents an inestimable tool for change. 

Dance animates humanity’s connection to the environment. 6 It can also be used at community 

gatherings for traditional, ritual, or new forms of movement celebrating achievements of conflicts 

resolved and NRHRs protections and enforcements obtained. 

Members of civil society should not just be target recipients of NRHR information when performing 

and visual art presentations are planned. 7 They should be involved in the design, testing, and 

performance of the final presentations, as well as with conflict resolution, experimentation, and 

other administrative and logical tasks that need to be completed. 8 Full participation from the 

beginning creates interest and support, a greater likelihood of community acceptance of the 

messages conveyed and a desire to change behavior, and long-term participation in NRHR advocacy 

efforts to improve their lives. 

Performing and visual arts presentations stimulate a variety of physical, emotional, and 

psychological senses and responses in the observers, listeners, and participants. They also enhance 

transmission of concepts and messages. Capitalizing on the stimulation of the senses through these 

Page 35 of 51 


presentations draws people into the action and messages of the presentation and holds their 

attention and interest. At the end of the presentation, they are presented with resolutions or 

challenges and have been given information and tools throughout the presentation empowering 

them to act and effect positive change for NRHR advocacy 


1. Is your organization currently using performing and visual arts in your civic education 

campaigns? 

2. If not, develop an approach to integrate performing and visual arts into a current activity 

and engage members of the affected populations from the beginning in the design, 

planning, and performance of the advocacy effort. Transmit a maximum of two messages 

that are periodically repeated throughout the presentation. Repetition of concepts is an 

effective way to motivate people towards reflection and action. 

3. Identify community activists and youth groups willing to engage your members in 

participatory NRHR advocacy through an arts presentation that addresses a specific NRHR 

topic. 

3.1.2 What Is “Active Listening” and What Value Does It Bring to Participatory NRHR 

Advocacy? 

Empowering people to make meaningful, substantive contributions to any effort requires leadership 

by NGOs that have a genuine understanding of the peoples’ concerns. Establishing open, honest 

dialogue with affected populations in safe, neutral locations must occur as quickly as possible for 

NGOs to gain the local’s trust and respect and acquire this understanding. NGOs must continually 

engage in “active listening” to purposefully lead and gauge the progress of their NRHR advocacy 

efforts. “Active listening” requires a “conscious effort to hear not only the words that another 

person is saying but, more importantly, trying to understand the complete message being sent” by 

paying close attention to the speaker. 9 For example, an NGO may be engaged in negotiations with 

an extractor that is perceived as a threat by community members. The NGO can manage this 

potential conflict by sharing with the extractor the NGO’s goal of achieving an acceptable resolution 

for all affected parties. By using active listening techniques in discussions with the local, 

government officials, and extractors, NGOs become better informed about everyone’s true concerns 

and becomes better equipped to facilitate resolution of the problems. Disseminating strategic 

information through such discussions helps all affected parties identify common concerns and 

engage in constructive negotiations to address those matters. Continual engagement in active 

listening throughout NRHR advocacy activities allows NGOs to build trust with all affected parties, 

which makes it more likely for NGOs to play a pivotal role in the identification of acceptable 

approaches that will resolve the problems. 

Having been engaged in NRHR advocacy for extended periods of time, NGOs, their partner 

organizations, and fellow human rights lawyers, possess a wealth of knowledge and experience in 

handling NRHR issues. Therefore, NGOs should always impart their knowledge to the local and 

integrate proven strategies and insight to increase the advocacy activity’s likelihood of success. 

Page 36 of 51 



1. Is your organization currently using active listening as a tool to strengthen the effectiveness 

of your NRHR participation efforts? 

2. If not, design a step-by-step approach to integrate active listening into every stage of your 

current NRHR advocacy efforts. 

3. Involve members and beneficiary communities in the development of your plans and 

strategies. Periodically conduct open meetings with the members and communities to 

update them on your organization’s achievements and strategy progress. 

3.2 How Can Mass Media Be Used Effectively to Enhance Public Participation and NRHR 

Advocacy? 

Communication is central to effective advocacy. First, good interpersonal 

communication is vital inside the advocacy effort itself — among colleagues, leaders, 

[members, partners], etc. Second, [an organization must have effective] communication 

strategies to reach, educate, and persuade external audiences, from policymakers to 

communities. 10 

Before planning a media strategy, an NGO must verify all information received about reported NRHR 

violations. NGOs must engage in thorough research and verification of the reported occurrence, make 

earnest attempts to speak with all affected parties, and document all information received. Upon 

completion of these efforts, an NGO must be convinced it has obtained a true account of the occurrence 

and it must properly represent the position of all affected parties. All information should be doublechecked 

and independently verified. An NGO risks its credibility if it disseminates incorrect, inaccurate, 

or false information. The results from an NGO’s independent investigation must be able to endure an 

extremely high level of scrutiny that will test the validity of the facts before a mass media advocacy 

campaign is designed. 

Effective use of mass media for participatory NRHR advocacy requires thoughtful development of an 

overall mass media strategy. First, an organization must “develop an effective message,” which requires 

an NGO to: 11 

1. Know [its] audience 

2. Know [its] political environment 

3. Keep [its] message simple and brief 

4. Use real life stories and quot[ations] 

5. Use precise, powerful language and active verbs 

6. Use clear facts and numbers creatively 

7. Adapt the message to the [method used to deliver the message] 

8. Allow [its] audience to reach their own conclusions 

9. Encourage audiences to take action[and] 

10. Present a possible solution. 

Page 37 of 51 


Messages should be memorable. An organization should consider incorporating some of the following 

characteristics: 12 

� Humor; 

� “Popular[/Colloquial] expressions” 

� “Adaptations of popular songs, metaphors, stories and poetry” 

� Brevity, rhythm, and wit 

� “Reference to a respected person or institution” and 

� “Appeal to children who help to inform parents and other adults.” 

Messages should also be positive. Avoid using negative sentences, such as “We don’t want…” Rather, 

rephrase sentences to focus on the positive action desired – “We want…” 

The message needs to be pre-tested to ensure the “intended audience understands and is engaged by 

it.” 13 This step is often skipped, but it is vital for an organization to make sure the message is appealing 

to its audience. 14 NGOs and other NRHR advocates often use language and concepts unfamiliar to 

others and omit key information that is assumed, but not explicitly stated. 15 As a result, media 

campaigns can run the risk of being costly and ineffective. “The most common way to pre-test a 

message is through focus groups.” 16 Convening effective, pre-test focus groups throughout an NGO’s 

area will generate participation and support from members and the larger community. 

Occasionally, an NGO may need to disseminate information about a reported violation to urgently raise 

awareness about the occurrence. In such instances, it may not be possible to complete an independent 

investigation before disseminating the message. When crafting these messages, NGOs should use the 

conditional tense and general language to avoid stating facts or conclusions that have not yet been 

proven. For example, if an NGO receives information that an extractor is allegedly polluting a river, an 

NGO should craft and disseminate a message in a manner similar to the following: 

� An alarming number of residents in area X have recently been diagnosed with illness X. It 

has been reported that Company X is polluting River X as a result of the extractive activities 

it is conducting in the area. These reports have not yet been independently verified. 

Requests have been submitted to government agency X to urgently investigate the matter. 

Once an organization has assessed available media outlets, members can be enlisted to help track news 

coverage, public opinion, and events addressing NRHR issues. 17 Members can also participate in 

developing common mass media tools, such as: 18 

� Press releases 

� Media events [, such as] news conferences 

� Letters to the editor 

� Television or radio interviews 

� Radio dialogues and educational soap operas 

Journalists cannot write or report on every issue brought to their attention, even if they have a personal 

interest in the matter. 19 In countries where media is government-owned or tightly controlled or where 

government and private media owners are reluctant to report on controversial issues to appease 

financial and political supporters, NGOs must consider alternative mass media methods. 20 

Page 38 of 51 


With the mass media, communication is usually in one direction, thus less controllable 

and measurable. Without two-way dialogue, [an NGO does] not know how the message 

is received and whether recipients will take action for or against [its] advocacy. In 

addition to helping…reach people without easy access to mass media, alternative media 

can also be more effective for probing complex issues and for engaging people in 

advocacy. Alternative media can also be simpler and less costly. 21 

In addition to the performing and visual arts presentations noted above, alternative media also includes 

use of: 22 

� [the] Internet[;] 

� Newsletters[;] 

� Talking points and issue briefs[;] 

� Conferences, seminars and workshops[;] 

� Posters and bumper stickers[; and] 

� Pamphlets [and] comic books[.] 

NGOs must make effective use of mass and alternative media to increase the level of public participation 

in NRHR advocacy efforts because media advocacy helps NGOs: 23 

� Get on the political agenda; 

� Make…issue[s] visible and credible in policy debate; 

� Inform the [local] about [the] issue and proposed solution; 

� Recruit allies; 

� Change public attitudes and behavior; 

� Influence decision[-]makers and opinion leaders; 

� Shape policies, programs and the conduct of public and private agencies; [and] 

� Raise money for [their] cause. 

NGOs foster participatory media advocacy by capitalizing on members’ skills and talents to create 

dynamic alternative and mass media campaigns that reach broad audiences and compel action in 

support of their NRHR advocacy. 


1. Is your organization currently using mass and alternative media to disseminate messages to 

and engage the local in NRHR advocacy? 

2. What specific steps will your organization take to improve your current media strategies or 

create new media initiatives? 

3.3 Public Participation and Prevention of Environmental Harm and HRs Violations 

Much of the information presented in Chapter 2 is relevant to this discussion. As previously stated, 

governments, extractors, and individuals have a responsibility to prevent and mitigate environmental 

harm and avoid HRs violations altogether. The Revised African Convention on Nature and Natural 

Page 39 of 51 


Resources (African Convention) assigns a “fundamental obligation” to State parties to prevent 

environmental harm: 

The Parties shall adopt and implement all measures necessary to achieve the objectives 

of this Convention, in particular through preventive measures and the application of the 

[P]recautionary [P]rinciple, and with due regard to ethical and traditional values as well 

as scientific knowledge in the interest of present and future generations. 24 [emphasis 

added] 

Under the African Charter, governments are also obligated to promote, protect, and enforce peoples’ 

“right to a general satisfactory environment favorable to their development.” 25 The Rio Declaration 

urges governments to cooperate “to discourage or prevent the relocation and transfer to other States of 

any activities and substances that cause severe environmental degradation or are found to be harmful 

to human health.” 26 

NGOs and their members can facilitate participatory NRHR advocacy by soliciting the local’s help in 

monitoring compliance and reporting violations. 27 NGOs and their members live in the areas where 

extractive activity is occurring. Therefore, they are familiar with the surroundings and environmental 

conditions and can immediately detect, for example, when a water source appears to shine more 

brightly than normal or when a stench suddenly manifests in a locale. 28 NGOs, their members, and the 

local are among the best sources of information to provide early detection and prevention of 

environmental harm. 29 NGOs or individuals bringing lawsuits against violators “may increase 

compliance, deter violations, and contribute to a more realistic and responsive environmental 

enforcement strategy.” 30 

NGOs can also lead participatory activities to help members understand the different phases involved in 

designing and carrying out an NRHR advocacy campaign and identify substantive contributions they can 

make to create change in their communities. 31 NGOs can gather members together and 32 

1. Present an NRHR problem [or case study]; 

2. Describe observable events/actions that let people know a problem exists; 

3. Discuss consequences/impacts resulting from the problem; 

4. List causes of the problem; 

5. List the new behavior changes that are desired; 

6. List actions required (by the NGO, its members, the local, the government, the extractors, & 

any others) to achieve the desired behavior changes; and 

7. List the conditions that must be present for the desired behavior to occur. 

This information can then be used to design an effective NRHR advocacy campaign with NGOs assigning 

members tasks to perform to advance the cause. 

NGOs can also invite members to participate an exercise where they can talk freely and tell personal 

stories about NRHR challenges and achievements without giving the names of individuals or institutions 

involved. 33 Such an exercise allows participants to help each other solve problems and adapt successful 

approaches to their own efforts. 

…Public involvement in enforcement is a logical next step for democratic political 

systems that have encouraged public participation in the creation of environmental 

Page 40 of 51 


statutes and regulations…Allowing citizens to have a concrete role in implementing the 

regime they helped to design strengthens public support for and awareness of 

environmental goals. If citizens are denied a role in enforcement, or if they are not 

educated about and encouraged to assume a permitted role, even the most 

sophisticated system of environmental protection laws may exist only on paper. 34 

NGOs are urged to incorporate the legal obligations and rights presented in Chapter 2 into their NRHR 

advocacy efforts and use them as a basis for insisting upon protection, monitoring, and enforcement of 

NRHR-related participatory rights. They should also offer their services, insights, and partnership, as 

appropriate, to advance these efforts. 


1. How is your organization involving community members in the monitoring and 

documentation of NRHR violations? 

2. Which activities or exercises has your organization recently organized with members to 

obtain additional insight into the NRHR violations occurring in your area? 

3.4 Information Gathering: Importance of Scientific Endorsement 

Gathering information on environmental harm and HRs violations includes documentation and 

collection of information obtained through physical, eyewitness observation. 35 NGOs and their 

members can also access information held by governments and relevant private entities, such as reports 

and regulatory and compliance standards, to evaluate whether regulatory requirements are being met. 36 

Increasingly, however, scientific techniques are used to inform NRM. 37 Land use/land cover (LULC) 

studies document changes in environmental conditions on land, in the air, and in the water caused by 

human and natural activity. 38 Satellite imagery and other new technologies provide information on the 

impact human activity and natural occurrences, patterns and changes have on natural resources over 

time and give an “accurate evaluation of the spread and health of the world’s forest, grassland, water, 

and agricultural and land resources[.]” 39 In areas experiencing rapid settlement – which can occur 

where large numbers of inhabitants establish residences and commercial trade to participate in 

extractive activities – satellite imagery can reveal changes that may not be immediately detected by the 

local population, such as “rapid disappearance of vegetation cover leading to significant decline in the 

amount of forestland, soil erosion, soil degradation, huge biodiversity losses, changes in micro-climatic 

conditions and [unfavorable] hydrological changes.” 40 “Dead vegetation from [LULC] changes[,] most of 

which involves degradation and deforestation, releases [carbon dioxide] that contributes actively to 

global warming.” 41 

The devastating, irreversible impact human and natural activity can have on the environment are 

reasons why NGOs should partner with environmental scientists and other experts in their NRHR 

advocacy efforts. Such experts document and monitor environmental change and can provide factbased 

evidence of environmental harm that can also substantiate claims of natural resource-related 

ESRs violations. 

Page 41 of 51 



1. Does your organization know environmental scientists, government agencies, or other 

institutions documenting environmental changes in your area? 

2. If so, is your organization partnering with these individuals/institutions to strategize and 

coordinate local, regional, or international NRHR advocacy efforts? 

3. Gather information about the affected communities, such as the number of inhabitants, 

women, children, elders, disabled, indigenous/tribal groups. 

3.5 Getting Universities, Social Actors and International Organizations Involved 

NGO partnerships with academic and financial institutions, donor foundations, and other national, 

regional, and international organizations can prove extremely beneficial. Academic, private sector and 

international institutions have partnered with NGOs to conduct biological studies on plants and other 

natural resources and apply fair trade principles that result in economic, environmental, and social 

benefits for communities when natural resource-based products are developed, manufactured, and 

distributed. 42 Financial institutions and donor organizations provide funding for innovative projects and 

partnerships aimed at protecting and enforcing NRHRs. 43 NGOs should explore opportunities to expand 

their reach by actively pursuing partnerships with the potential for bringing greater influence, attention, 

and support to their efforts. Members can also develop strength and resolve to remain actively engaged 

in advocacy activities as they experience the power and change that is possible through multi-sectoral 

participation. 

Conclusion 


1. Is your organization working in partnership with academic, private sector, or other 

international organizations with proven track records in ESRs and environmental 

protection? 

2. If not, are there ongoing activities in which your organization could participate to advance 

NRHR advocacy efforts in your area? 

NGOs engaged in NRHR advocacy are leaders on the forefront of tremendous changes that will occur in 

the coming years. Environmental protection is of grave concern at every level of society because 

everyone is affected. Increasing scarcity and pollution of vital natural resources, disappearance of 

habitats for species essential to the delicate maintenance of valuable ecosystems, and the threat of 

irreversible environmental harms have caused people, governments, and institutions around the world 

to take notice of these documented events. Many people want to know how they should change their 

behavior to avoid engaging in environmentally harmful activities. They want to understand which 

human rights are being violated by extractive activities and what they can do to minimize these 

occurrences. People are looking for leadership in these areas and NRHR advocacy NGOs are uniquely 

positioned to equip people with knowledge, information, and skills they need to participate in 

protection, monitoring, and enforcement efforts. NRHR advocacy NGOs possess a wealth of experience 

and insight and can incorporate new ideas from this handbook and other sources to improve public 

Page 42 of 51 


participation, multiply their efforts, and contribute to changes that must occur to guarantee NRHR 

protections across the African continent. 

1 See Julie D. Johnston & Peter D. Carter, GreenHeart Educ., Arts for the Earth – Integrating the Arts with 

Environmental and Sustainability Educ., http://www.greenhearted.org/arts.html (last visited Aug. 23, 2011). 

2 See George E. Clark, Bytes of Note – Sustainability Theater, ENV’T MAG., 

http://www.environmentmagazine.org/Bytes%20of%20Note/Bytes-so08.html (last visited Aug. 23, 2011). 

3 See Sustainability Theater, supra note 2. 

4 See GreenHeart Educ., supra note 1. 

5 

See id. 

6 

See id. 

7 

See Sustainability Theater, supra note 2. 

8 

See id. 

9 

Mind Tools.Com, Active Listening – Hearing What People Are Really Saying, 

http://www.mindtools.com/CommSkll/ActiveListening.htm (last visited Aug. 23, 2011). 

10 

LISA VANEKLASEN WITH VALERIE MILLER, JUST ASSOCIATES, A NEW WEAVE OF POWER, PEOPLE & POLITICS: THE ACTION GUIDE FOR 

ADVOCACY AND CITIZEN PARTICIPATION 231 (Stylus Publishing 2007) (2002) [hereinafter The Action Guide], available at 

http://www.justassociates.org/19chap13%20media.pdf. 

11 

The Action Guide, supra note 10, 232. 

12 See id. at 234. 

13 Id. at 236. 

14 See id. 

15 See id. 

16 Id. 

17 See id. at 241. 

18 See id. at 243. 

19 See id. at 242-3. 

20 See id. at 241-3. 

21 Id. 

22 See id. at 252. 

23 See id. at 231. 

24 African Convention on the Conservation of Nature and Natural Resources, art. IV, adopted July 11, 2003 

[hereinafter African Convention], available at http://www.africaunion.org/root/au/Documents/Treaties/Text/nature%20and%20natural%20recesource.pdf. 

25 African Charter on Human and Peoples’ Rights, art. 24, adopted June 27, 1981 [hereinafter African Charter]. 

26 Rio Declaration on Environment and Development, prin. 14, adopted June 3-14, 1992 [hereinafter Rio 

Declaration], available at http://www.unescap.org/esd/environment/rio20/pages/Download/Rio_Declaration.pdf. 

27 See MARGARET BROWN, THE ROLE OF THE CITIZEN IN ENVTL. ENFORCEMENT (Envtl. Law Inst. 1992), available at 

http://www.inece.org/2ndvol1/roberts.htm. 

28 See BROWN, supra note 26. 

29 See id. 

30 Id. 

31 See U.S. PRESIDENTIAL WOMEN’S EMPOWERMENT AND JUSTICE INITIATIVE [WJEI]/EMPOWER & SOCIAL WATCH, GUIDE DE 

SENSIBILISATION POUR LA CAMPAGNE DES “16 JOURS D’ACTIVISME CONTRE LAS VIOLENCE FAITE AUX FEMMES AU BENIN” 23-4 

(Project EMPOWER 2008), available at http://pdf.usaid.gov/pdf_docs/PNADS497.pdf. 

32 See WJEI/EMPOWER, supra note 30. 

33 See id. at 24. 

34 BROWN, supra note 26. 

35 See id. 

36 See id. 

Page 43 of 51 


37 

See Ujoh Fanan et al., Urban Expansion and Vegetal Cover Loss In and Around Nigeria’s Federal Capital City, 3 J. 

OF ECOLOGY & THE NATURAL ENV’T, 1, 1-2 (2011), available at 

http://www.academicjournals.org/jene/PDF/Pdf2011/Jan/Fanan%20et%20al.pdf. 

38 

See Fanan, supra note 36, 2. 

39 

See id. at 1-2. 

40 

See id at 8. 

41 

Monica Idinoba et al., Dealing with Reducing Trends in Forest Ecosystem Services Through a Vulnerability 

Assessment and Planned Adaptation Actions, 4 AFR. J. OF ENVTL. SCI. & TECH., 419-429, 420 (2010), available at 

http://www.academicjournals.org/ajest/PDF/pdf%202010/Jul/Idinoba%20et%20al.pdf. 

42 

See Bioresources Dev. & Conservation Programme [BDCP], http://www.bioresources.org (remain on “Home” 

page; then follow “About Us” and “Our Approach” hyperlinks; then follow “Partnerships” hyperlink) (last visited 

Aug. 31, 2011). 

43 

See Ford Foundation, Human Rights, http://www.fordfoundation.org/issues/human-rights (last visited Aug. 31, 

2011); see also National Endowment for Democracy, Africa, http://www.ned.org/where-we-work/africa (then 

follow separate hyperlinks for the countries listed) (last visited Aug. 31, 2011). 

Page 44 of 51 


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Page 51 of 51 


AFRICA HUMAN RIGHTS TREATIES CHART 

AFRICAN CHARTER FOR 

HUMAN AND PEOPLES' 

RIGHTS 

(AFRICAN CHARTER) 

[Legally Binding] 

COUNTRY STATUS CALL TO ACTION STATUS CALL TO ACTION STATUS CALL TO ACTION 

Central Africa 

Angola 

Cameroon 

Central African 

Republic 

AC 

RA 

RA 

Identify specific 

steps your 

organization can 

take to partner 

AD 

AD 

AD 

Chad 

Congo 

Democratic 

Republic of the 

Congo 

RA 

RA 

RA 

with the national 

government to 

ensure the 

participatory, 

information, 

economic, and 

AD 

AD 

AD 

Equatorial 

Guinea RA 

social rights 

provided for in 

AD 

Gabon 

São Tomé and 

Príncipe 

RA 

AC 

the Charter are 

protected and 

enforced. 

AD 

AD 

East Africa 

DECLARATION OF PRINCIPLES 

ON FREEDOM OF EXPRESSION 

IN AFRICA 

(DPFEA) 

[Not Legally Binding] 


steps your 


take to support the 

ACHPR in its 

efforts to 

guarantee 

protection of the 

right to freedom of 

expression. 

DRAFT MODEL LAW FOR AU 

MEMBER STATES ON ACCESS TO 

INFORMATION (DRAFT MODEL LAW) 


If the Draft 

Model Law is 

finalized in 

time, the ACHPR 

is expected to 

adopt it at its 

49th Ordinary 

Session in 

Banjul, The 

Gambia in 

October 2011. 

Monitor the 

adoption process 

and plan an 

advocacy strategy 

to achieve 

practical 

implementation of 

Model Law 

provisions 

following 

adoption. 

Burundi AC AD 

Djibouti RA AD 

Eritrea AC AD 

Ethiopia AC AD 

Kenya AC AD 

Madagascar AC AD 

Malawi RA AD 

Mauritius RA (see above) AD (see above) (see above) (see above) 

Mozambique AC AD 

Rwanda RA AD 

Somalia RA AD 

Tanzania RA AD 

Uganda RA AD 

Zambia RA AD 

Zimbabwe RA AD 

North Africa 

Algeria RA AD 

Egypt RA AD 

Libya 

Morocco 

RA 

NS 

(see above) 

AD 

AD 

(see above) (see above) (see above) 

Sudan RA AD 

Tunisia AC AD 

Southern Africa 

Botswana AC AD 

Lesotho RA AD 

Namibia AC (see above) AD (see above) (see above) (see above) 

South Africa RA AD 

Swaziland RA AD 

West Africa 

Benin RA AD 

Burkina Faso RA AD 

Cape Verde RA AD 

Côte d'Ivoire RA AD 

Gambia RA AD 

Ghana RA AD 

Guinea RA AD 

Guinea-Bissau 

Liberia 

RA 

RA 

(see above) 

AD 

AD 

(see above) (see above) (see above) 

Mali RA AD 

Mauritania RA AD 

Niger RA AD 

Nigeria RA AD 

Senegal RA AD 

Sierra Leone RA AD 

Togo RA AD 

Legend: 

AB - Abstained AD - Adopted N/A - Not Applicable NV - Non-Voting SI - Signed 

AC - Acceded AP - Accepted NS - Not a Signatory RA - Ratified 

ANNEX A

Somalia AD SI 

Tanzania AD SI 

Uganda AD SI 

protection & enforcement. 

Mobilize for ratification, 




AFRICA ECONOMIC & ENVIRONMENTAL TREATIES CHART 

Zambia AD SI 

Gabon 

Sudan 

AD NS 

SI 


AD SI 

Príncipe 

Tunisia AD NS 

East Africa 


Burundi AD RA 

Botswana AD NS 

Djibouti AD SI 

Lesotho AD RA 

Eritrea AD NS 

(see above) 

Namibia AD SI 

Ethiopia AD SI 

South Africa AD NS 

Kenya AD SI 

Madagascar Swaziland AD SI 

West Africa 

Malawi AD NS 

Benin AD SI 

Mauritius AD (see above) 

NS 

Burkina Faso AD SI 

Mozambique AD SI 

Cape Verde AD NS 

Rwanda AD RA 

Côte d'Ivoire AD SI 

Somalia AD SI 

Gambia AD SI 


Ghana AD RA 

Uganda AD SI 

Zambia Guinea AD SI 

Zimbabwe Guinea-Bissau AD SI 

North Africa 

(see above) 

Liberia AD SI 

Algeria AD NS 

Egypt Mali AD NS RA 

Libya Mauritania AD RA NS 

Niger AD RA 

Morocco Nigeria AD NS SI 

Senegal AD SI 

Sudan 

Sierra Leone 

AD 

AD 

SI 

SI 

Tunisia Togo AD NS SI 



Zimbabwe AFRICAN AD CHARTER FOR POPULAR 

PARTICIPATION IN DEVELOPMENT AND 


REVISED SI AFRICAN CONVENTION ON THE 

CONSERVATION OF protection NATURE AND & enforcement. 

NATURAL 

North Africa 

TRANSFORMATION 

RESOURCES 

(ACPPDT) 

(AFRICAN CONVENTION) 

Algeria 

COUNTRY 


AD 

STATUS 



NS 

STATUS 

[Legally Mobilize Binding] for ratification, 

protection CALL TO & enforcement. 

ACTION 

Angola Egypt 

Cameroon 

AD AD 

NS 

NS 

Mobilize As of mid-2011, for ratification, 7 

protection ratifications & enforcement. 

are needed 

to make the Convention 

Upon binding the Convention's on all 

Central Libya African 

Republic 

Chad 

AD 

AD 

AD 

Organize and mobilize 

partner NGOs and identify 

ways for the group to 

collectively facilitate your 

government’s ability to 

RA 

NS 

SI 

signatories. ratification, Mobilize mobilize for 

protection ratification, & protection enforcement. & 

enforcement. 

NOTE: Due to Morocco's 


protection 

withdrawal 

& enforcement. 

from the AU 

in 1984 in protest over AU 

Congo 

Democratic 

Morocco 


Congo 


Guinea 

AD 

AD 

AD 

AD 

guarantee (see NRHR-related 

above) 

implementation and free 

exercise and protection of 

the rights to public 

participation, information, 

freedom of expression and 

opinion provided in the 

Charter. 

SI 

NS 

SI 

SI 

Mobilize recognition for ratification, of the 

protection Saharawi & enforcement. Arab 

Democratic Republic 


(SADR) as the legitimate 


government of Western 

Sahara, Morocco is not 


protection 

signatory 

& 

to 

enforcement. 

various AU 

agreements. 

(see above) 





protection Mobilize for & enforcement. 

ratification, 


Upon the Convention's 

ratification, mobilize for 

protection 

Mobilize for 


ratification, 



protection Upon the & Convention's 

enforcement. 



ratification, 




ratification, 










ratification, 



protection 

Mobilize for 


ratification, 





protection Upon the & Convention's 

enforcement. 



ratification, 




ratification, 



protection 

Upon the 

& 

Convention's 

enforcement. 





Mobilize 

Mobilize 

for 

for 

ratification, 

ratification, 




enforcement. 



ratification, 



Mobilize 

ratification, 

for 

mobilize 

ratification, 

for 






protection 

protection 


enforcement. 

NOTE: Upon Due the Convention's 

to Morocco's 

ratification, 

withdrawal from 

mobilize 

the AU 

for 



recognition of the 

Saharawi Arab 



protection (SADR) as & the enforcement. 

legitimate 


Mobilize Sahara, Morocco for ratification, is not 

protection signatory & to enforcement. 

various AU 

agreements. 

Mobilize 

Mobilize 

for 

for 

ratification, 

ratification, 





Legend: 

Botswana AB - Abstained 

AC - Acceded 

AD - Adopted AD 

AP - Accepted 

N/A - Not Applicable 

NS - Not a Signatory 

NV - Non-Voting NS 

RA - Ratified 


protection 

SI - Signed 


Lesotho AD RA 

(see above) 

Namibia AD SI 






ANNEX B

Egypt AD NS 

Libya AD RA 

AFRICA ECONOMIC & ENVIRONMENTAL TREATIES CHART 

(see above) 


withdrawal from the AU 



Saharawi Arab 

Morocco AD NS 





signatory to various AU 

agreements. 

AFRICAN CHARTER FOR POPULAR 

REVISED AFRICAN CONVENTION ON THE 

Sudan 

PARTICIPATION IN DEVELOPMENT AND CONSERVATION OF NATURE Mobilize AND for ratification, 

NATURAL 

AD SI 

TRANSFORMATION 

RESOURCES protection & enforcement. 

(ACPPDT) 

(AFRICAN CONVENTION) 

Tunisia 

COUNTRY 

AD 

STATUS 



NS 

STATUS 

[Legally Mobilize Binding] for ratification, 

protection CALL TO & enforcement. 

ACTION 



Angola AD NS 

As of mid-2011, 7 

Cameroon Botswana AD NS 

Mobilize ratifications for ratification, 

are needed 

protection to make the & enforcement. 

Convention 

binding on all 

Central African 

Republic Lesotho 

Chad 

Namibia 

Congo 

AD 

AD 

AD 

AD 

AD 

Organize and mobilize 

partner NGOs and identify 

ways for the group to 

collectively facilitate your 

government’s (see above) ability to 

guarantee NRHR-related 

implementation and free 

NS 

RA 

SI 

SI 

SI 

signatories. Upon the Convention's Mobilize for 

ratification, protection mobilize for & 

protection enforcement. & enforcement. 



ratification, 


ratification, 


Democratic 

South Africa 


Congo 


Swaziland 

Guinea 

West Africa 

AD 

AD 

AD 

AD 

exercise and protection of 

the rights to public 

participation, information, 

freedom of expression and 

opinion provided in the 

Charter. 

NS 

SI 

SI 

SI 



ratification, 




ratification, 


Gabon 

Benin 

AD 

AD 

NS 

SI 






Príncipe 

Burkina Faso 

East Africa 

AD 

AD 

SI 

SI 



ratification, 


(Continued) 

Burundi Cape Verde AD NS RA 

Djibouti Côte d'Ivoire AD SI 

Eritrea Gambia AD NS SI 

Ethiopia AD SI 

Ghana AD RA 

Kenya AD SI 

Guinea AD SI 

Madagascar AD SI 

Guinea-Bissau AD SI 

Malawi AD NS 

(see above) 

Liberia AD SI 


NS 

Mozambique Mali AD AD RA SI 

Rwanda Mauritania AD NS RA 

Somalia Niger AD RA SI 


Nigeria AD SI 

Uganda AD SI 

Senegal AD SI 

Zambia AD SI 

Sierra Leone AD SI 

Zimbabwe AD SI 

Togo AD SI 

North Africa 




protection 

protection 


enforcement. 



Mobilize Mobilize for ratification, 

ratification, 

protection protection & enforcement. 

enforcement. 

Mobilize Upon the for Convention's ratification, 

protection ratification, & mobilize enforcement. for 










ratification, 




ratification, 



ratification, Mobilize for mobilize ratification, for 







Mobilize 

Upon the 

for 

Convention's 

ratification, 

protection ratification, & mobilize enforcement. for 




ratification, 




ratification, 



protection 

Mobilize for 


ratification, 






Algeria 

Legend: 

AD NS 



AB - Abstained 

Egypt AC - Acceded 

AD - Adopted 

AP - Accepted AD 

N/A - Not Applicable 

NS - Not a Signatory 

NV - Non-Voting 

RA - Ratified NS 

SI - Signed 



Libya AD RA 

Morocco AD NS 

Sudan AD SI 

Tunisia AD NS 


(see above) 

Botswana AD NS 











withdrawal from the AU 



Saharawi Arab 





signatory to various AU 

agreements. 







ANNEX B

INTERNATIONAL ENVIRONMENTAL TREATIES CHART 

AGENDA 21 PROGRAMME OF ACTION 

(AGENDA 21) 


CONVENTION ON BIOLOGICAL DIVERSITY 

(CBD) 


COUNTRY STATUS CALL TO ACTION STATUS CALL TO ACTION STATUS CALL TO ACTION 


Angola AD RA AD 

Cameroon 

Central 

African 

Republic 

AD 

AD 

Identify specific actions 

your organization will 

take to ensure boys, 

RA 

RA 

Design a strategy your 

organization will use to 

partner with local and 

national media and the 

AD 

AD 

Chad AD girls, farmers, and youth RA government to ensure AD 

Congo AD and farmers' 

RA media broadcasts & the AD 

Democratic 

organizations are being 

national educational 

Republic of 

AD consulted for and 

RA system teach people 

AD 

the Congo 

actively participating in 

about the importance of 


Guinea 

AD 

environmental policy 

development and 

AC 

biological diversity 

conversation efforts and 

AD 

Gabon AD management decisions. RA present effective 

AD 


Príncipe 

AD RA 

conservation methods. 

AD 

East Africa 

Burundi AD RA AD 

Djibouti AD RA AD 

Eritrea AD AC AD 

Ethiopia AD RA AD 

Kenya AD RA AD 

Madagascar AD RA AD 

Malawi AD RA AD 


RA (see above) 

AD 

Mozambique AD RA AD 

Rwanda AD RA AD 

Somalia AD AC AD 

Tanzania AD RA AD 

Uganda AD RA AD 

Zambia AD RA AD 

Zimbabwe 

North Africa 

AD RA AD 

Algeria AD RA AD 

Egypt AD RA AD 

Libya 

Morocco 

AD 

AD 

(see above) 

RA 

RA 

(see above) 

AD 

AD 

Sudan AD RA AD 

Tunisia 


AD RA AD 

Botswana AD RA AD 

Lesotho AD RA AD 

Namibia AD (see above) 

RA (see above) 

AD 

South Africa AD RA AD 

Swaziland 

West Africa 

AD RA AD 

THE RIO DECLARATION ON ENVIRONMENT 

AND DEVELOPMENT 

(RIO DECLARATION) 


Benin AD RA AD 

Burkina Faso AD RA AD 

Cape Verde AD RA AD 

Côte d'Ivoire AD RA AD 

Gambia AD RA AD 

Ghana AD RA AD 

Guinea AD RA AD 

Guinea-Bissau 

Liberia 

AD 

AD 

(see above) 

RA 

RA 

(see above) 

AD 

AD 

(see above) 

Mali AD RA AD 

Mauritania AD RA AD 

Niger AD RA AD 

Nigeria AD RA AD 

Senegal AD RA AD 

Sierra Leone AD AC AD 

Togo AD AP AD 

Legend: 



Identify specific steps your 

organization will take to 

ensure historically 

excluded populations, such 

as impoverished & 

indigenous communities, 

women, and the disabled 

are actively participating in 

& benefiting from NR policy 

development in your 

country. 

(see above) 

(see above) 

(see above) 

ANNEX C

INTERNATIONAL HUMAN RIGHTS TREATIES CHART 

UNITED NATIONS 


INTERNATIONAL 


UNIVERSAL DECLARATION OF INTERNATIONAL COVENANT OPTIONAL PROTOCOL TO THE 

OPTIONAL PROTOCOL TO THE 

UNITED NATIONS CHARTER 

COVENANT FOR 

DECLARATION ON THE 

HUMAN RIGHTS 

FOR CIVIL AND POLITICAL 

ICCPR 

ICESCR 

(UN CHARTER) 

ECONOMIC, SOCIAL AND 

RIGHTS OF INDIGENOUS 

(UNIVERSAL DECLARATION) 

RIGHTS 

(ICCPR OPTIONAL PROTOCOL) 

(OPTIONAL PROTOCOL I) 


CULTURAL RIGHTS 

PEOPLES 


(ICCPR) 



(ICESCR) 




COUNTRY STATUS CALL TO ACTION STATUS CALL TO ACTION STATUS CALL TO ACTION STATUS CALL TO ACTION STATUS CALL TO ACTION STATUS CALL TO ACTION STATUS CALL TO ACTION 


Angola AD AP 

A founding document 

of the UN and, 

AC 

If research reveals 

AC N/A AC NS AD 

Cameroon AD AP therefore, binding on AC inadequate AC N/A AC NS AD 

Central 

African 

Republic 

AD 


steps your 


take to partner 

AP 

all Members. The 

Declaration is widely 

accepted as having 

become a part of 

AC 

protection and 

enforcement of the 

right of freedom of 

expression and 

AC N/A AC 

Design a civic 

education 

campaign 

explaining the 

NS AD 

Chad AD with the national AP customary 

AC opinion in your AC N/A AC importance of NS NV 

Congo AD 


ensure the AP 

international law 

with the powerful AC 

country, submit a 

formal, written AC N/A AC 

having an ICESCRbased 

individual SI 

As of mid-2011, 7 

ratifications are needed. AD 

participatory, 

effect of allowing 

complaint to the 

right to bring a 


Democratic 

information, 

"diplomatic and 

ACHPR and 

case before the 

protection & 

Republic of 

the Congo 

AD economic, and 

social rights 

AP moral pressure" to be 

applied to 

AC partner with the 

ACHPR and your 

AC N/A AC ESCRs Committee 

for NRHR-related 

SI enforcement. AD 


Guinea 

AD 

provided for in 

the Charter are 

protected and 

AP 

governments when 

HRs violations occur. 

Many Charter rights 

AC 


improve 

conditions. 

AC N/A AC 

public 

participation 

and information 

NS NV 

Gabon AD enforced. AP are expressed in 

national and 

AC NS N/A AC rights violations. SI AD 


Príncipe 

AD AP 

international 

agreements. 

SI 

Mobilize for 

accession. 

SI N/A SI NS NV 

East Africa 

Burundi AD AP AC NS N/A AC NS AB 

Djibouti 

Eritrea 

AD 

AD 

AP 

AP 

AC 

AC 


inadequate 

AC 

NS 

N/A 

N/A 

AC 

AC 

NS 

NS 

AD 

NV 

Ethiopia 

Kenya 

RA 

AD 

AD 

AP 

AC 

AC 



NS 

NS 

N/A 

N/A 

AC 

AC 

(see above) 

NS 

NS 

NV 

AB 

Madagascar AD AP RA 



RA N/A RA SI AD 

Malawi AD AP AC opinion in your AC N/A AC NS AD 

Mauritius 

Mozambique 

Rwanda 

AD 

AD 

AD 

(see above) AP 

AP 

AP 

(see above) AC 

AC 

AC 

country, submit a 

formal, written 

complaint to the 

ACHPR and 

partner with the 

AC 

NS 

NS 

N/A 

N/A 

N/A 

AC 

NS 

AC 

Mobilize for 

accession. 

NS 

NS 

NS 

(see above) 

AD 

AD 

NV 

Somalia AD AP AC ACHPR and your AC N/A AC NS NV 

Tanzania 

Uganda 

Zambia 

AD 

AD 

AD 

AP 

AP 

AP 

AC 

AC 

AC 


improve 

conditions. 

NS 

AC 

AC 

N/A 

N/A 

N/A 

AC 

AC 

AC 

(see above) 

NS 

NS 

NS 

AD 

NV 

AD 

Zimbabwe AD AP AC NS N/A AC NS AD 

North Africa 

Algeria AD AP RA AC N/A RA NS AD 

Egypt RA AD RA NS N/A RA NS AD 

Libya AD AP AC AC N/A AC NS AD 

(see above) 

(see above) 

(see above) 

(see above) 

(see above) 

Morocco AD AP RA NS N/A RA NS NV 

Sudan AD AP AC NS N/A AC NS AD 

Tunisia AD AP RA AC N/A RA NS AD 


Botswana AD AP RA NS N/A NS 

Mobilize for 

accession. 

NS AD 

Lesotho AD AP AC AC N/A AC NS AD 

Namibia AD 

(see above) 

AP 

(see above) 

AC 

(see above) 

AC N/A AC (see above) NS 

(see above) 

AD 

South Africa RA AB RA AC N/A SI NS AD 

Swaziland AD AP AC NS N/A AC NS AD 

West Africa 

Benin AD AP AC AC N/A AC NS AD 

Burkina Faso AD Obtain advice AP AC AC N/A AC NS AD 

Cape Verde AD from a well- AP AC If research reveals AC N/A AC NS AD 

Côte d'Ivoire 

Gambia 

Ghana 

Guinea 

Guinea- 

Bissau 

Liberia 

Mali 

Mauritania 

Niger 

Nigeria 

AD 

AD 

AD 

AD 

AD 

RA 

AD 

AD 

AD 

AD 

respected African 

HRs lawyer 

regarding the 

advantages of 

having 

individuals 

present cases 

about NRHRrelated 

participation or 

information 

violations before 

the ECOWAS 

AP 

AP 

AP 

AP 

AP 

AD 

AP 

AP 

AP 

AP 

Obtain advice from a 

well-respected 

African HRs lawyer 

regarding the 

advantages of having 

individuals present 

cases about NRHRrelated 

participation 

or information 

violations before the 

ECOWAS Community 

Court of Justice. 

AC 

AC 

RA 

RA 

RA 

RA 

AC 

AC 

AC 

AC 

inadequate 





opinion in your 

country, seek legal 

advice about how 

individuals can 

effectively submit 

a case to the 

ECOWAS 

Community Court 

AC 

AC 

RA 

RA 

SI 

SI 

AC 

NS 

AC 

NS 

N/A 

N/A 

N/A 

N/A 

N/A 

N/A 

N/A 

N/A 

N/A 

N/A 

AC 

AC 

RA 

RA 

AC 

RA 

AC 

AC 

AC 

AC 

Seek legal advice 

on how to 

effectively assist 

individuals in 

presenting cases 

to the ECOWAS 

CCJ that address 

NRHR-related 

violations of 

participation 

and information 

rights under the 

ICESCR. 

NS 

NS 

SI 

NS 

SI 

NS 

SI 

NS 

NS 

NS 

(see above) 

NV 

NV 

AD 

AD 

NV 

AD 

AD 

NV 

AD 

AB 

Senegal AD Community Court AP RA of Justice. RA N/A RA SI AD 

Sierra Leone AD 

of Justice. 

AP AC AC N/A AC NS AD 

Togo AD AP AC AC N/A AC SI NV 

Legend: 




that 

indigenous/tribal 

issues are a matter 

of concern in your 

country, design a 

strategy for your 

organization to 

mobilize local, 

national, and 

regional 

organizations, HRs 

lawyers, and 

indigenous/tribal 

peoples to obtain 

greater NRHRrelated 

protections 

for these citizens. 

(see above) 

(see above) 

(see above) 

(see above) 

ANNEX D

UNITED NATIONS CLASSIFICATION OF AFRICAN COUNTRIES 1 

ANNEX E 

Central Africa (9) East Africa (19) North Africa (8) Southern Africa (5) West Africa (17) 

Angola Burundi Algeria Botswana Benin 

Cameroon Comoros Egypt Lesotho Burkina Faso 

Central African Republic Djibouti Libya Namibia Cape Verde 

Chad Eritrea Morocco South Africa Côte d’Ivoire 

Congo Ethiopia South Sudan Swaziland The Gambia 

Democratic Republic of the Congo Kenya Sudan Ghana 

Equatorial Guinea Madagascar Tunisia Guinea 

Gabon Malawi Western Sahara Guinea-Bissau 

São Tome and Príncipe Mauritius Liberia 

Mayotte Mali 

Mozambique Mauritania 

Réunion Niger 

Rwanda Nigeria 

Seychelles Saint Helena 

Somalia (which includes Somaliland) Senegal 

Tanzania Sierra Leone 

Uganda Togo 

Zambia 

Zimbabwe 

1 See U.N. Population Div., Dept. of Econ. and Social Affairs, Classification of Countries by Major Area and Region of the World, 

available at http://esa.un.org/unpd/wup/CD-ROM_2009/WPP2009_DEFINITION_OF_MAJOR_AREAS_AND_REGIONS.pdf.

GLOSSARY 

ANNEX F 

Accession A method a nation uses to agree and become a party to a treaty when it was not among the original 

signatories. 2 The act of accession means a country agrees to be legally bound by the terms of the treaty. 

Agreement “A mutual understanding between two or more persons about their relative rights and duties regarding 

past or future performance; a manifestation of mutual assent by two or more persons.” 3 

Binding An order or agreement that must be obeyed. 4 Failure to comply with legally binding agreements carry 

legal consequences, which could range from the imposition of fines or sanctions, an issuance of an order 

to cease activity, or other penalties and restrictions issued by a court of law or other governing legal 

body. 

Biological The variety of “living organisms from all sources including, [for example], terrestrial, 

Diversity marine and other aquatic ecosystems and the ecological complexes” from which they originate, which 

“includes diversity within species, between species and of ecosystems.” 5 

Codification “1. The process of compiling, arranging, and systematizing the laws of a given jurisdiction, or of a 

discrete branch of the law, into an ordered code. 2. The code that results from this process.” 6 

Covenant “A formal agreement or promise.” 7 

Customary A set of practices or beliefs that develop over time until they are “accepted as legal 

International requirements or obligatory rules of conduct.” 8 Although they are not laws, “they are 

Law treated as if they were laws.” 9 

Declaration “The part of a treaty containing the stipulations under which the parties agree to conduct their 

actions.” 10 

Deposit “A contract by which a depositor delivers a thing to a depositary for safekeeping.” 11 

Depositary “A person or institution that one leaves…valuables with for safekeeping.” 12 

“Have When a person or organization has a right to appear in a competent court of law before 

Standing” a judge and present a lawsuit or complaint or requests “judicial enforcement of a duty or right.” 13 

Indigenous The UN system does not adopt a specific definition for this term. 14 Instead, “a modern 

Peoples understanding of [the] term is based on” consideration of a number of factors: 15 

2 See BLACK’S LAW DICT., 14 (Bryan A. Gardner, ed., 8 th ed. 2004). 

3 Id. at 74. 

4 See id. at 178. 

5 See Convention on Biological Diversity, art. 2, opened for signature June 5, 1992 [hereinafter CBD], available at 

http://www.cbd.int/doc/legal/cbd-en.pdf (entered into force Dec. 29, 1993). 

6 BLACK’S, supra note 2, 275. 

7 Id. at 391. 

8 See id. at 413, citing Lori L. Fuller, Anatomy of the Law, 71 (Frederick A. Praeger Publishers 1968). 

9 See id. 

10 Id. at 437. 

11 Id. at 471. 

12 Id. 

13 See id. at 1442. 

14 See UN Permanent Forum on Indigenous Issues, “Indigenous Peoples, Indigenous Voices. Factsheet,” 1, available at 

http://www.un.org/esa/socdev/unpfii/documents/5session_factsheet1.pdf (last visited Aug. 8, 2011).

GLOSSARY 

• Self- identification as indigenous peoples at the individual level and accepted by the 

community as their member. 

• Historical continuity with pre-colonial and/or pre-settler societies. 

• Strong link to territories and surrounding natural resources. 

• Distinct social, economic or political systems. 

• Distinct language, culture and beliefs. 

• Form non-dominant groups of society. 

• Resolve to maintain and reproduce their ancestral environments and systems as 

distinctive peoples and communities. 

Additional commentary from the African Commission on Human and Peoples’ Rights: 16 

It is of course important that the term indigenous peoples is not misused as a 

chauvinistic term with the aim of achieving rights and positions over and above other 

ethnic groups or members of the national community, nor as a term by which to nurture 

tribalism or ethnic strife and violence. Needless to say, this is absolutely not the spirit of 

the term. The very spirit of the term is to be an instrument of true democratization 

whereby the most marginalised groups/peoples within a state can gain recognition and 

a voice. It is a term by which those groups - among the variety of ethnic groups within a 

state - who identify themselves as indigenous and who experience particular forms of 

systematic discrimination, subordination and marginalisation because of their particular 

cultures, ways of life and mode of production, can analyse and draw attention to their 

situation. It is a term by which they can voice the human rights abuses they suffer from - 

not only as individuals but also as groups or peoples. If genuinely understood in this 

way, it is a term by which the groups concerned can seek to achieve dialogue with the 

governments of their countries regarding protection of their fundamental individual and 

collective human rights, and regarding their recognition as peoples who have a right to 

choose their own destiny. 

ANNEX F 

Instrument “A written legal document that defines rights, duties, entitlements, or liabilities, such as a contract…” 17 

Norm A standard established by the typical or repeated behavior of society or some other large group that is 

voluntarily or involuntarily accepted as the standard against which people and actions are judged. 18 

Party “One who [participates/agrees to get involved] in a transaction.” 19 

Promulgate “1. To declare or announce publicly; to proclaim. 2. To put (a law or decree) into force or effect.” 20 

Promulgation “The official publication of a new law or regulation, by which it is put into effect.” 21 

15 Id. 

16 ACHPR, INT’L WORKING GROUP ON INDIGENOUS AFFAIRS [IWGIA], INDIGENOUS PEOPLES IN AFRICA: THE FORGOTTEN PEOPLES? – 

THE AFRICAN COMMISSION’S WORK ON INDIGENOUS PEOPLES IN AFRICA 24 (2006), available at 

http://www.achpr.org/english/Special%20Mechanisms/Indegenous/ACHPR%20WGIP%20Report%20Summary%20version%20ENG. 

pdf. 

17 Id. at 813. 

18 See id. at 1086. 

19 Id. at 1154. 

20 Id. at 1251. 

21 Id.

GLOSSARY 

Provision “A clause in a statute, contract, or other legal instrument.” 22 

ANNEX F 

Ratification “The final establishment of consent by the parties to a treaty to be bound by it, usu[ally] including the 

exchange or deposit of instruments of ratification.” 23 

Signatory “A party that signs a document, personally or through an agent, and thereby becomes a party to an 

agreement.” 24 

Signature “A person’s [entity’s] name or mark written by that person [entity] or at the person’s [entity’s] 

direction.” 25 

Stipulation “A voluntary agreement between opposing parties concerning some relevant point” 26 

Treaty “An agreement formally signed, ratified, or adhered to between two nations or sovereigns; an 

international agreement concluded between two or more states in written form and governed by 

international law. – Also termed accord; convention; covenant; declaration; pact.” 27 

22 

Id. at 1262. 

23 

Id. at 1290. 

24 

Id. at 1415. 

25 

Id. 

26 

Id. at 1455. 

27 

Id. at 1540.

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