Transcript Ms. Lucy Claridge, Head of Law, Minorities Rights Group International (MRGI) - Litigating the right to development

Litigating the Right to Development
Lucy Claridge
MRG
Endorois decision
Article 22 African Charter:
(1) 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.
(2) States shall have the duty, individually or
collectively, to ensure the exercise of the right to
development.
Endorois decision
• RTD is both constitutive and instrumental
• Five main criteria: equitable, non-discriminatory,
participatory, accountable and transparent, with
equity and choice as overarching themes
• Freedom of choice
• Inadequate consultation and unequal bargaining
power
• Active, free and meaningful participation
(para 277)
(para 277)
(para 278)
(paras 281 , 282)
(para 283, 289)
Endorois decision
•
•
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•
Result of development should be empowerment
Capabilities and choices must improve
RTD is allied to effective participation
Free, prior and informed consent –
development/investment projects having major
impact
• Increase in well-being
• State bears the burden for creating conditions
favourable to a people’s development
(para 283)
(para 289)
(para 291)
(para 294)
(para 298)
After Endorois
• justiciable
• clear duty on national state
• development not just economic and not
just national development
• process as well as outcome, with
particular emphasis on participation
• importance of choice and well-being
After Endorois
• RTD to be invoked more routinely
• Duties on non-state actors
(conservation/ tourism/ foreign
investors)