Court stresses that: “Lastly, with regard to the third argument put forth by the State, the Court has not been furnished with the aforementioned treaty between Germany and Paraguay, but, according to the State, said convention allows for capital investments made by a contracting party to be condemned or nationalized for a “public purpose or interest”, which could justify land restitution to indigenous people. Moreover, the Court considers that the enforcement of bilateral commercial treaties negates vindication of non-compliance with state obligations under the American Convention; on the contrary, their enforcement should always be compatible with the American Convention, which is a multilateral treaty on human rights that stands in a class of its own and that generates rights for individual human beings and does not depend entirely on reciprocity among States. 131. UN Sub-Commission on Prevention of Discrimination and Protection of Minorities, Guidelines on International Events and Forced Evictions (Forty-seventh session, 1995), UN Doc. E/CN.4/Sub.2/1995/13. th 17 July 1995, para. 16(b) and (e). 132. Dogan v. Turkey (2004), para. 154. 133. Rachel Murray and Steven Wheatley (2003) ‘Groups and the African Charter on Human and Peoples’ Rights’, Human Rights Quarterly, 25, p. 224. 134. African Cultural Charter (1976) , para 6 of the Preamble. 135. Ibid. Article 3. 136. Human Rights Committee, General Comment 23 (Fiftieth Session, 1994), U.N. Doc. CCPR/C/21Rev.1/Add5, (1994). Para. 7. 137. Report of the African Commission’s Working Group on Indigenous Populations/Committees (2003) , p.20. 138. Ibid. p.20. 139. Report of the Special Rapporteur on the Situation of Human Rights and Fundamental Freedoms of Indigenous Peoples, supra n. 47. 140. Ibid. Italics added for emphasis. 141. Guidelines for National Periodic Reports, in Second Annual Activity Report of the African Commission on nd Human and Peoples Rights 1988–1989, ACHPR/RPT/2 , Annex XII. 142. Report of the African Commission’s Working Group on Indigenous Populations/Committees (2005), p. 20. [Emphasis added] 143. See UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, Article 4(2) : States shall take measures to create favourable conditions to enable persons belonging to minorities to express their characteristics and to develop their culture, language, religion, traditions and customs; CERD General Recommendation XXIII, Article 4(e) : Ensure that indigenous communities can exercise their rights to practise and revitalize their cultural traditions and customs and to preserve and to practise their languages; International Covenant on Economic, Social and Cultural Rights, Article 15(3) . 144. See statement by Mr. Sha Zukang Under-Secretary General for Economic and Social Affairs and Coordinator of the Second International Decade of the World’s Indigenous People to the Third Committee of the th General Assembly on the Item “Indigenous Issues”New York, 20 October 2008. 145. The Ogoni Case (2001) , paras 56-58. 146. See case of the Indigenous Community Yakye Axa v. Paraguay , and the case of Sawhoyamaxa Indigenous Community v. Paraguay. 147. Ibid. 148. See case of the Indigenous Community Yakye Axa v. Paraguay , paras. 144-145 citing (mutatis mutandi) st Case of Ricardo Canese v. Paraguay . Merits, Reparations and Costs. Judgment of August 31 , 2004. Series C No. 111, para. 96; Case of Herrera Ulloa v. Costa Rica . Preliminary Objections, Merits, Reparations and Costs. Judgment of July 2, 2004. Series C No. 107, para. 127, and Case of Ivcher Bronstein v. Peru . Merits, th Reparations and Costs. Judgment of February 6 , 2001. Series C No. 74. para. 155. See also, case of Sawhoyamaxa Indigenous Community v. Paraguay , at para. 137. 149. , paras 56-58. 150. Arjun Sengupta, “Development Cooperation and the Right to Development,” Francois-Xavier Bagnoud Centre Working Paper No. 12, (2003), available at www.hsph.harvard.edu/fxbcenter/working_papers.htm. See st also U.N. Declaration on the Right to Development, U.N. GAOR, 41 Sess., Doc. A/RES/41/128 (1986), Article 2.3, which to refers to “active, free and meaningful participation in development.” 151. Arjun Sengupta, “The Right to Development as a Human Right,” Francois-Xavier Bagnoud Centre Working Paper No. 8, (2000), page 8, available at http://www.hsph.harvard.edu/fxbcenter/working_papers.htm 2000. 152. Antoanella-Iulia Motoc and the Tebtebba Foundation, Preliminary working paper on the principle of free, prior and informed consent of indigenous peoples in relation to development affecting their lands and natural resources that they would serve as a framework for the drafting of a legal commentary by the Working Group on this concept. U.N. Doc. E/CN.4/Sub.2/AC.4/2004/4 (2004), para. 14 (a). 153. Report of the African Commission’s Working Group of Experts on Indigenous Populations/Communities (Twenty-eighth session, 2003). See also ILO Convention 169 which states: “Consultations carried out in application of this Convention shall be undertaken, in good faith and in a form appropriate to the circumstances, with the objective of achieving agreement or consent to the proposed measures.” st 154. U.N. Declaration on the Right to Development , U.N. GAOR, 41 Sess., Doc. A/RES/41/128 (1986), Article 2.3. (hereinafter Declaration on Development). th 155. See U.N. Doc. E/C.12/1999/5 . The right to adequate food (Art. 11), (20 session, 1999), para. 13, and U.N. Doc. HRI/GEN/1/Rev.7at 117. The right to water (Articles 11 and 12 of the International Covenant on Economic, th Social and Cultural Rights ), (29 session 2002), para. 16. In these documents the arguments is made that in the