Litigating the Right to Development

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Presentation transcript:

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 (para 277) Five main criteria: equitable, non-discriminatory, participatory, accountable and transparent, with equity and choice as overarching themes (para 277) Freedom of choice (para 278) Inadequate consultation and unequal bargaining power (paras 281 , 282) Active, free and meaningful participation (para 283, 289)

Endorois decision Result of development should be empowerment Capabilities and choices must improve (para 283) RTD is allied to effective participation (para 289) Free, prior and informed consent – development/investment projects having major impact (para 291) Increase in well-being (para 294) State bears the burden for creating conditions favourable to a people’s development (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)