c;·~1 6~ttE~ Human and Peoples' Rights Human Rights our Collective Responsibility in the general interest of the community, in accordance with the provisions of appropriate legal provisions." 173. This provision of the African Charter has been interpreted broadly, including not only individual but also collective ownership45, but also that land is susceptible to private appropriation46. The inclusion of collective property vested in a community, is not strange to the African context. As mentioned above, traditional African society is structured around communities or nations, in which land ownership is usually vested in the community, which conserves and transmits it from generation to generation until today. 174. The Commission notes that the right to property includes use, enjoyment and disposal, a regime which also applies to collective property47. In the case of indigenous populations, the right to dispose of the land belongs to the group, not to its members individually, including in their relationship with the government or other entities48. 175. The Commission emphasizes that in indigenous communities, the disposition of lands-meaning the ability to sell, transfer, or otherwise dispose of land-is not aligned with the land's primary purpose. For indigenous communities, land is crucial for their survival, as it sustains their way of life and culture. This explains why indigenous peoples often have a strong attachment to their ancestral lands, which are seen as inseparable from their identity and traditions. Unlike other communities that may freely sell or transfer their lands, indigenous groups typically view their land as essential for the preservation of their culture and future generations. 176. The Commission has expressed its opinion on several occasions on the property rights of indigenous peoples, in which it has considered that land is susceptible to private appropriation49; whereas it includes not only the right of use, enjoyment and 45 Case No. 006/2012, Judgment of26 Mily 2017, African Comm ission on Human and Peoples' Rights v, Republic of Kenya), para. 123. Application No. 001/2013. Decision oflS/3/2013, E:mes/ Fnmcis Mti11grui t•. Rep11blicofMnlm11i (hereinafter referred to as ' E:mesl Francis M ti11gwi v. M11lmui Decision"), para. 14. 46Communkations Nos. 54/9l, 61/91, 98/93, 164/97 to 196/97 ond 210/98 (2000) • Malawi African Association and Others v. Mauritan' 47 Communication No 155/96 : Social and Economic Rights Action Centre (SERAq and Centre for Economic and Social Rights (CES , ~& • 481n the same sense, Mnyng1111 (Sumo) Awns Ti11g11i v Nicnmgun cited lnj file Complni11n11/s, .., 49 African Association of Malawi and Others v, Mauritania, Africdn Commission on Human a nd Peoples' Rights, Communications Nos. ~ lo 196/97 and 210/98 (2000), para. 128. See also Communications 54/9 1 el al v Mauril.mia, 13th Activity Report, para. 128. ;, , /!! .____..,,. (),,. "l•·R,ci ifc. ~ , o"1"1cfTO -~ ---·· ·· f