Alleged Violation of Article 21 – Rights to Free Disposition of Natural Resources Article 21 of the Charter states that: 1) All peoples shall freely dispose of their wealth and natural resources. This right shall be exercised in the exclusive interest of the people. In no case shall a people be deprived of it. 2) In case of spoliation the dispossessed people shall have the right to the lawful recovery of its property as well as to an adequate compensation. 120. The Complainants argue that the Endorois community are unable to access the vital resources in the Lake Bogoria region since their eviction from the game reserve. The medicinal salt licks and fertile soil that kept the community’s cattle healthy are now out of the community’s reach. Mining concessions to Endorois land have been granted without giving the Endorois a share in these resources. Consequently, the Endorois suffer a violation of Article 21: Right to Natural Resources. 121. They argue that in the Ogoni Case (2001), paras 56-58 the right to natural resources contained within their traditional land was vested in the indigenous people and that a people inhabiting a specific 38 region within a State can claim the protection of Article 21. They argue that the right to freely dispose of natural resources is of crucial importance to indigenous peoples and their way of life. They quote from the report of the African Commission’s Working Group of Experts on Indigenous Populations/Communities which states: Dispossession of land and natural resources is a major human rights problem for indigenous peoples … .The establishment of protected areas and national parks has impoverished indigenous pastoralist and hunter-gatherer communities, made them vulnerable and unable to cope with environmental uncertainty and, in many cases, even displaced them … This [the loss of fundamental natural resources] is a serious violation of the African Charter (Article 21(1) and (2)), which states clearly that 39 all peoples have the right to natural resources, wealth and property. 122. Citing the African Charter, the Complainants argue that the Charter creates two distinct rights to both property (Article 14) and the free disposal of wealth and natural resources (Article 21). They argue that in the context of traditional land, the two rights are very closely linked and violated in similar ways. They state that Article 21 of the African Charter is, however, wider in its scope than Article 14, and requires respect for a people’s right to use natural resources, even where a people does not have title to the land. 123. The Complainants point out that the World Bank’s Operational Directive 4.10 states that: “Particular attention should be given to the rights of indigenous peoples to use and develop the lands that they occupy, to be protected against illegal intruders, and to have access to natural 40 resources (such as forests, wildlife, and water) vital to their subsistence and reproduction.” 124. They state that the Endorois as a people enjoy the protection of Article 21 with respect to Lake Bogoria and the wealth and natural resources arising from it. They argue that for the Endorois, the natural resources include traditional medicines made from herbs found around the lake and the resources, such as salt licks and fertile soil, which provided support for their cattle and therefore their pastoralist way of life. These, the Complainants argue, were natural resources from which the community benefited before their eviction from their traditional land. In addition, Article 21 also protects the right of the community to the potential wealth of their land, including tourism, rubies, and other possible resources. They state that since their eviction from Lake Bogoria, the Endorois, in violation of Article 21, have been denied unhindered access to the land and its natural resources, as they can no longer benefit from the natural resources and potential wealth, including that generated by recent exploitation of the land, such as the revenues and employment created by the game reserve and the product of mining operations. Alleged Violation of Article 22 – The Right to Development Article 22 of the African Charter states that: 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.