{~~1') 6~ttEB ~ • Human and Peoples' Rights Humao R~hts o w Collective Responsibility 2. States shall have the duty, individually or collectively, to ensure the exercise of the right to development. 211 . The Commission notes that, at first sight, the right to development relegates the development of peoples as elements of a State as a whole. However, this reading would be reductive and merely political, since the rights provided for in the African Charter belong to individuals or groups of individuals or communities, so the right to development includes the rights of individuals and groups65. 212. The Commission notes that this provision of the African Charter conceives the right to development from a holistic perspective, encompassing not only the economic aspect, which includes the enjoyment of community property, but also the social, identity, and cultural aspects, all in accordance with the free choices made by the community itself. The preamble of the African Charter reflects this view, stating that " ... it is henceforth essential to pay particular attention to the right to development and that civil and political rights cannot be dissociated from economic, social and cultural rights in their conception as well as universality and that the satisfaction of economic, social and cultural rights is a guarantee for the enjoyment of civil and political rights. "66 213. In the same vein, the Commission considered the non-recognition of the Dioula of Cote d'Ivoire as a national community 67and the displacement of populations in Darfur68 violates the right to development. In the context of the rights of indigenous peoples, economic development encompasses the right to enjoy community property, including ancestral lands, as well as the integration of social, cultural, and identity components into the development process. This must be done in accordance with the free choices made by the community, as outlined in Article 20 of the African Charter. 214. The Commission notes that self-determination is not an end in itself, rather, it aims to ensure that the indigenous population can promote and participate in its own development. As such, Article 22 of the African Charter must be read in conjunction with Article 20 and other relevant provisions, particularly those relating to health, family, culture, and education. 215. Based on the foregoing , the Commission concludes that the right to development of the Kedong Maasai under Article 22 of the African Charter has b • ~ 65 Communication 318/06, Open Society Justice Initiative c. Cote d' Ivoire (ACHPR) (2016), p•ro. 183. ,,_~CRET41i't ,4 -\<~ "' 4,- ,0 ~--. (" 66 Para. 8 of the Preamble of the African Charter. 67 Communication No 318/06, Open Society Justice lnili11l!ve ag•inst COie d'Ivoire, (ACHPR) (2016), parns. 185 lo 186. 68 Communication No 279/031296/05. Sudan Human Rights Organisation and Centre for the Right to Hooslng and Evictions (COHRE) I Sudan. (ACHPR) (2009). para. 224. • ~q,,~\ • ~ () ~ ~ ~ Enoes -.;;;:. · -•-·' ',

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