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Human and Peoples' Rights
Hwnan R,ghts ou,
Collective Responsib lity
Charter28. The Commission had previously made a similar pronouncement in the
case of Front for the Liberation of the State of Cabinda vs Angola, when it recognized
the right to equality between different communities in the same State29.
149. The Commission notes that the Court, for its part, has recognised the lack of
definition of the term people in the African Charter. Following the same line of
reasoning as the Commission, it considered that the reference to peoples in the
African Charter should not be restricted to the concept of people for the purposes of
external self-determination (independence) but also from the perspective of internal
self-determination which does not entail secession, which would be contrary to the
principle of the inviolability of borders laid down in Article 4(b) of the Constitutive Act
of the Union. The Court concluded that intra-State communities are peoples for the
purposes of the collective rights provided for in the African Charter30.
150. The Commission observes that the collective rights provided for in the African
Charter cannot be restricted to peoples as a constituent element of the State as a
sovereign entity. This is because one of the distinctive features of the African Charter
is that it takes into consideration the virtues "of historical traditions and the values of
African civilization that should inspire and characterize its reflections on the
conception of human and peoples' rights" .31
151. The Commission recalls the words of Keba Mbaye that in traditional African
society " ... law is rather considered as a set of rules protecting the community of
which the individual is a part." However, according to the same author, "[t)his
conception of law and human rights should not be interpreted as reducing the rights
of the individual to nothing. On the contrary, in traditional African society, if the
privileged subject of the law is the community, the individual keeps his freedom and
the specificities of his rights." Indeed, the Commission notes that the African Charter
could not ignore the foundation on which African States are based, all of which are
organised around ethnic, tribal and other types of affinities.
152. Based on the above, the Commission is therefore of the opinion that the concept
of the people for the purposes of the collective rights provided for in the African