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MANDATE OF THE WORKING GROUP ON EXTRACTIVE INDUSTRIES, ENVIRONMENT AND HUMAN RIGHTS VIOLATIONS IN AFRICA
The Working Group on Extractive Industries, Environment and Human Rights Violations in Africa is one of the special mechanisms overseen by the African Commission on Human and Peoples’ Rights. The Working Group was created in 2009 during the Commission’s 46th Ordinary Session. See, e.g., ACommHPR, Resolution 148, Resolution on the Establishment of a Working Group on Extractive Industries, Environment and Human Rights Violations in Africa, 25 November 2009. Its purpose is to address human rights violations committed throughout the African Union (AU) Member States by extractive industries.
COMPOSITION AND WORKING METHODS
The Commission appoints the Working Group’s Chairperson and members either by a consensus or by a vote. See ACommHPR, Rules of Procedure of the African Commission on Human and Peoples’ Rights, 2010, Rule 23(2). The mandate of the Working Group on Extractive Industries, Environment and Human Rights in Africa was initially authorized for two years, but it has been renewed by the Commission multiple times. See, e.g., ACommHPR, Resolution 148, Resolution on the Establishment of a Working Group on Extractive Industries, Environment and Human Rights Violations in Africa, 25 November 2009; ACommHPR, Resolution 198, Resolution Appointing the Chairperson and Members of the Working Group on Extractive Industries, Environment and Human Rights Violations in Africa, 5 November 2011.
The Working Group is composed of the Chairperson, Commissioner members, and independent expert members. See, e.g., ACommHPR, Resolution 215, Resolution on the Renewal of the Mandate of Expert Members of the Working Group on Extractive Industries, Environment and Human Rights Violations in Africa, 2 May 2012. Eligibility requirements to be an independent expert member include: a proven record of expertise related to extractive industries and human rights abuse in Africa, strong advocacy and written skills, willingness to travel, and fluency in English or French. See ACommHPR, Call for Applications for the Nomination of Expert Members to Serve on the Working Group on Extractive Industries, Environment and Human Rights Violations in Africa, Press Release, 21 March 2014. As of October 2014, each individual appointed as Chairperson has been a Commissioner, and all the Commissioners who belonged to the Working Group were simultaneously serving on the African Commission.
The Working Group undertakes a number of duties, including providing guidance on alleged violations, studying relevant human rights conditions or situations, and conducting country visits.
Guidance on Alleged Violations
The Working Group may propose that the Commission send an urgent appeal to a Member State concerning an emergency matter, as defined in Rule 79 of the Commission’s Rules of Procedure. If the State initiates investigations into the emergency matter in response to the urgent appeal, the Working Group closely monitors the investigations. See, e.g., Pacifique Manirakiza, Report of the Working Group on Extractive Industries, Environment and Human Rights Violations in Africa, Intersession Activity Report, 52nd Ordinary Session (2012).
The Working Group may also recommend measures and activities that would address existing human rights violations. The Working Group may notify the Commission of the liability of non-state actors, to prevent the impunity of extractive industries.
Studying Human Rights Conditions and Situations
The Working Group is responsible for researching human rights violations committed by non-state actors, and examining the impact of extractive industries in Africa. The Working Group is tasked with researching specific issues related to the right of all peoples to freely dispose of their wealth and natural resources, and related to the right to a satisfactory environment. See African Charter on Human and Peoples’ Rights, arts. 21, 24.
To this end, the Working Group’s independent expert members conduct research projects on extractive industries and human rights violations. See, e.g., Pacifique Manirakiza, Report of the Working Group on Extractive Industries, Environment and Human Rights Violations in Africa, Intersession Activity Report, 52nd Ordinary Session (2012).
The Commission also passed a resolution mandating the Working Group to study the impact of climate change on human rights in Africa. See ACommHPR, Resolution 271, Resolution on Climate Change in Africa, 2014.
Country Visits
The Working Group undertakes country visits to Member States, with their consent. During these visits, which are also known as missions, the Working Group investigates situations of human rights violations related to extractive industries. The Working Group engages with State officials, community leaders, representatives from extractive companies, and individuals affected by the violations. The Working Group also assesses any mechanisms the State has put in place to address the violations, including Commissions of Inquiry. See, e.g., Pacifique Manirakiza, Inter-session Report (May – October 2013) Commissioner Pacifique Manirakiza, Intersession Activity Report, 54th Ordinary Session (2013); Pacifique Manirakiza, Inter-Session Report (November 2013 – April 2014), Intersession Activity Report, 55th Ordinary Session (2014).
According to Rule 60 of the Commission’s Rules of Procedure, after the completion of a mission, the Working Group has a duty to publish a Mission Report, which may usually be found on its website. However, as of October 2014, the Working Group had not posted any Mission Reports on its website. Mission reports contain general recommendations to the State, and often include specific recommendations to the international community and civil society, among others.
RECEIVING INFORMATION
The Working Group is responsible for seeking and receiving information from individuals, governmental and non-governmental organizations and institutions, and other stakeholders concerning cases or situations that involve human rights violations related to extractive industries and the environment.
Along with information gathered from such actors and during missions, the Working Group disseminates and obtains information through promotional activities, such as conferences, workshops, and expert meetings. The Working Group often coordinates these activities with other relevant Special Rapporteurs and Working Groups under the Commission or the United Nations. See, e.g., Pacifique Manirakiza, Inter-Session Report (November 2012 – April 2013) Commissioner Pacifique Manirakiza, Intersession Activity Report, 53rd Ordinary Session (2013).
On the basis of information received, the Working Group may propose that the Commission take a certain action or decision, or the Working Group may raise awareness of an issue in its reports, press releases, or other activities.
ACTIVITY REPORTS
The Working Group submits Intersession Activity Reports to the Commission each year, which outline the activities the Working Group has undertaken. The Commission also prepares an annual Activity Report that it submits to the African Union Assembly, which includes information gathered from the Working Group, summarizing positive developments and areas of concern regarding human rights in Africa.
CONTACT INFORMATION
The Working Group may be contacted by:
- Mail:
Working Group on Extractive Industries, Environment and Human Rights Violations
31 Bijilo Annex Layout, Kombo North District
Western Region P.O. Box 673 Banjul
The Gambia
The Working Group does not accept individual complaints or requests for provisional measures. Such communications must be addressed to the African Commission on Human and Peoples’ Rights. For additional information, see the Commission’s Guidelines for the Submission of Communications or IJRC’s resources on the African human rights system.