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African Commission on
Human and Peoples' Rights
Human Rights our
Collective Responsibility
of natural resource.v' In the United Nations Declaration on the Right to
Development, this is affirmed in Article 1(2) which provides that:
The human right to deuelopment also implies the full realization of the right of peoples to selfde iermina tion, which includes, subject to the relevant provisions of both International
Covenants on Human Rights, the exercise of their inalienable right to full sovereignttj over all
their ruiiural wealth and resources.
238. Similarly, the Commission notes that Article 23 of the United Nations Declaration
on the Rights of Indigenous Peoples provides as follows:
Indigenous peoples have the right to determine and deveLop priorities and strategies for
exercising their right to development, In particular, indigenous peoples have the right to be
actively inoolued in developing and determining health, housing and other economic and social
programl/les affecting them and, as far as possible, to administer such programmes through
their own institutions.
239. In the Endorois case, the Commission cited with approval a Report of the United
Nations expert mechanism on indigenous peoples' rights, which states in relation
to development projects affecting indigenous people that the necessity for free,
prior and informed consent requires that indigenous peoples are not coerced,
pressured or intimidated in their choices of development."8S
/I
240. As such, the Commission agrees with the Complainants' submission that the
right to development enti tIes a community to be consulted prior to a decision that
affects it. The Complainants contend that the consultation must be conducted in
good faith, in a culturally appropriate manner and with the objective of reaching
agreement. The Complainants further submitted that when a large-scale
development is likely to have a major impact on the territory of a particular
community, the State has a responsibility to obtain the community's free, prior
and informed consent to it. And that if the project is allowed to proceed, the State
must ensure mutually acceptable benefit sharing in the exploitation of natural
resources and also improve the capabilities and choices of the affected group
during the process.
241. The Complainants submitted that for the state to execute its responsibility in this
regard, an impact assessment must be carried out before the decision is made
whether to proceed further. The Complainants submitted that by virtue of the
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