Complaint from 2012 prompted scrutiny of Gibe III dam and Kuraz sugar projects
The African Commission on Human and People’s Rights has ruled that Ethiopia violated multiple provisions of the African Charter in its handling of the Gilgel Gibe III dam and Kuraz sugar projects, citing disregard for the rights of indigenous communities in the Lower Omo Valley.
In a landmark communication adopted during the 71st Ordinary Session, the Commission found that Ethiopia failed to obtain the free, prior and informed consent of the affected agro-pastoralist peoples and inadequately assessed the environmental and social consequences of the projects before implementation.
The complaint was brought forward in 2012 by Survival International Charitable Trust on behalf of the Bodi, Daasanech, Hamar, Karo, Kwegu, Mursi and Nyangatom peoples.
At the time, these groups inhabited the former Southern Nations, Nationalities and Peoples’ Regional State (SNNPR), but both the Gibe III hydropower dam and the state-owned Kuraz sugar estate projects are now located in the newly-formed South West Ethiopia Regional State.
The complaint alleged that the projects “greatly imperil the economic, social and cultural life of the Lower Omo Peoples,” who depend on flood-retreat cultivation, pastoralism, and forest resources for survival.
It asserted that construction and resettlement had proceeded “without informing or consulting the people prior to the start of the project,” and that hundreds of villagers were detained for resisting displacement.
They argued that the projects violated several articles of the African Charter, including those guaranteeing self-determination, control of natural resources, the right to development, and the right to a satisfactory environment.
“The government neither made an effort to inform the Lower Omo Peoples of the adverse impacts of the project nor obtained their prior consent,” the communication stated.
The complainants sought an independent investigation into the impacts of Gibe III and Kuraz on “human rights, health, and means of subsistence,” and requested suspension of “further work” on both projects.
The Ethiopian government, in written submissions, denied the allegations, insisting that it had consulted local communities and followed environmental projections laws. It emphasized that both the Gibe III dam and the Kuraz projects were “gateways for fast-tracking development in the South Omo zone,” essential for national electrification and food security.
“The people of Bodi, Dassenech, Hamer, Kara, Kwegu, Mursi and Nyangatom have freely determined their political status and pursued their economic and social development according to the policy they have freely chosen,” the country argued.
Officials also acclaimed that controlled flood-retreat framing, and that public consultations were held in local languages before construction.
The government further maintained that Ethiopia’s constitution and land administration proclamations guarantee pastoralists’ rights and compensation for land use.
Gilgel Gibe III was inaugurated in December 2016, while the sprawling Kuraz sugar project is only partially complete.
After reviewing responses and evidence presented by both parties, the Commission ruled that Ethiopia had indeed violated Article 22 of the African Charter in relation to the Kuraz sugar project.
The specific provision states that all peoples shall have the right to their economic, social and cultural development with due regard to their freedom and identity and in the equal enjoyment of the common heritage of mankind.
The Commission has requested Ethiopia to conduct an environment, social and human rights impact assessment study on the Kuraz sugar project to determine the potential or actual adverse impacts of the project on the indigenous peoples of the Lower Omo.
If such an assessment already exists, the Commission has requested the government to disclose the report publicly and make it directly available to the affected peoples of the Lower Omo and the general public within 90 days of the notification of this decision.
The African Commission on Human and People’s Rights’ disclosure of the ruling adds to growing scrutiny of large-scale infrastructure projects in Ethiopia’s lowlands and their impact on indigenous populations. Sources say growing scrutiny emanates primarily from Cairo and environmental groups.
While the Ethiopian government has yet to publicly respond to the Commission’s final decision, human rights observers say the case sets a precedent for indigenous land and environmental justice across Africa.
