Decision of the Commission on the Merit
261. In view of the above, the Commission:
(i) Finds that the Respondent State has not violated the provisions of Articles 20(1),21(1),22(1) (in respect of Gibe III dam) and 24 of the African Charter.
(ii) Finds that the Respondent State violated Article 22(1) of the African Charter in respect of the Kuraz Sugar Project.
(iii) Requests the Respondent State 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; or if the report of such a study already exists, requests that the Respondent State immediately discloses the report publicly and make it directly available to the affected peoples of the Lower Omo and the general public, within ninety (90) days of the notification of this decision.
(iv) Requests the Respondent State to inform the Commission within one hundred and eighty (180) days of being notified of this decision, the measures taken to implement the present decision in accordance with Rule 112(2)of the Rules of Procedure of the Commission 2010.
Done in Banjul, The Gambia, during the 72nd Ordinary Session of the African Commission on Human and Peoples' Rights held from 19 July to 2 August 2022.
