alleges the violation of Articles 1, 2, and 12 of the ECOWAS Supplementary Protocol
A/SP.2/5/90, on Free Movement ofPersons, Right of Residence and Establishment.
34. Article 20, paragraph 1 of the African Charter, which the Plaintiff alleges was violated
by the Defendant, provides as follows:
"All people shall have the right to existence. They shall
have the unquestionable and inalienable right to self
determination. They shall freely determine their political
status and shall pursue their economic and social
development according to the policy they have freely
chosen".
3 5. The second provision of African Charter that the Plaintiff has alleged as having been
violated by the Defendant is Article 22, which provides for peoples' right to
development in the following terms:
(I) All peoples shall have the right to their economic,
social and cultural development with due regard to their
freedom and identity and in the equal enjoyment of the
common heritage of mankind.
(2) States shall have the duty, individually or collectively,
to ensure the exercise of the right to development.
36. In his pleadings and address the Plaintiff has not specified how he, as an individual,
came to be the bearer or holder of those rights and how the rights have been violated
by the Defendant. However, from the wording of those provisions, it is undisputable
that those are rights that protect peoples rather than individuals.
37. It is opinio juris communis that the rights referred to in Articles 19 to 24 of the African
Charter are rights of (all) "peoples" in contrast to the rights of "every individual",
"every human being" or "every citizen" proclaimed in Articles 2 to 17 . If one can
concede that an individual in his capacity of peoples' representative may be admitted
to lodge a complaint for alleged violation of that people's right, as it was the case of
the Representative of People of Katanga, before the African Commission, the ultimate
beneficiary of that action
sho1Ilc~ ~::-":
the people and not the individual.
38. In order words, peoples' rights provided for in African Charter shall be enjoyed
collectively and not individually. Consequently, the said Articles 20 and 22, allegedly
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