International Cooperation
39. All States have the obligation to engage in international cooperation for the
realisation of ESCR and must prioritise allocation of such assistance towards the
realisation of these rightsxiii. It is particularly incumbent upon developed countries, as
well as others which are in a position to assist others, to do so.
40. States must avoid entering into all forms of agreements which undermine the
enjoyment of economic, social and cultural rights by individuals and/or peoples
within their jurisdictionxiv. In this regard states should prevent the abuse of national
resources by both domestic and international economic actors.xv Macro-economic
policies should facilitate and not retard access to and enjoyment of economic, social
and cultural rights by individuals or peoples. Existing bilateral and multilateral
agreements between states, or with international financial institutions, should not be
relied on as a justification for a failure to ensure enjoyment of the economic, social
and cultural rights protected under the African Charter.
Right to Self-determination of Peoples
41. The right to self-determination as guaranteed under article 20 (1) the African Charter
is exercised within the inviolable national borders of a State party by taking due
account of the sovereignty of the State. At the national level this implies the right to
take part in the democratic governance of the state, especially through free and fair
national elections.
42. The right to self-determination in its application to peoples, including indigenous
populations/communities, encompasses economic, social and cultural rights,
including (but not limited to) the right to recognition of their structures and traditional
ways of living as well as the freedom to preserve and promote their culture. xvi The
enjoyment of these rights by individuals obliges the State to promote the abolition of,
or amend cultural norms that result in discrimination or violation.
43. States should ensure that there is no discrimination against peoples, including
indigenous populations/communities, in their access to economic activities
particularly the labour market, land and means of agricultural production, and to
health services, education and other facilities. States should facilitate and encourage
the use of indigenous and local languages in schools and in local and central
government.
44. States parties should ensure the prior informed consent by indigenous
populations/communities to any exploitation of the resources of their traditional lands
and that they benefit accordingly. States parties should further ensure that
indigenous communities/populations give prior consent to any activities aimed at
accessing and using their traditional knowledge. States parties should ensure that
both state and non-state actors respect the rights of peoples to a satisfactory
environment.
45. States
parties
should
encourage
peoples,
including
indigenous
populations/communities, to preserve their particular cultural identity. To that State
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