p.CHPIJ t ~ r) 6~!:j,iEfi Human and Peoples' Rights Human Rights our Collective Responsibility 186. The Commission notes that the right to property, including that of indigenous peoples, is not absolute. Moreover, Article 14 of the African Charter admits that the right to property" may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws." However, the referral clause for domestic law is not without limits. It is not a carte blanche for States Parties to do whatever they want. It aims to enable States Parties, considering their specific characteristics and within the limits of existing standards in international law, including applicable jurisprudence, to organize the process of encroaching communal property. 187. The Commission recalls that it has already expressed its views on the matter on several occasions and has made it clear that rights provided for in the African Charter can be encroached in line with the general rule laid down in Article 27(2) of the African Charter, which provides that "[t]he rights and freedoms of each individual shall be exercised with due respect for the rights of others, collective security, of morality and the common interest." 188. The Commission notes that this provision has been interpreted by itself and the Court as meaning that the restriction or effect on rights must be made on the basis of pre-existing law56, respect the principle of proportionality57, necessity in a democratic society and the rule of law58, which includes the involvement of the parties concerned in the process affecting their rights, and that the restriction authorised by Article 27(2) of the African Charter "must never have the consequence of rendering one's own 11 illusory 59 or discriminatory60. In the case of the property of indigenous communities, as mentioned above, the Commission is of the view that the involvement of their representatives is necessary, so that consent is prior and free. 189. The Commission notes that the question that arises in this Communication is whether, in accordance with Article 14 of the African Charter, property has been encroached on the basis of (i) a law; (ii) if the encroachment is intended to satisfy a 56 Commu nication 313/05, Kenneth Good/Botswana, M•y 26, 2010. African Cou rt on Human Rights and Human a nd Peoples' Rights, 1n the case of Loht! Issa Konat~ v Burkina Faso, App. No. 004/2013, Judgment on the merits, 5 December 2014, p.ira. 125. 57 African Court on Human and Proples' Rights, In the case of Lohe Issa Konate v Burkina Faso, App. No. 004/2013, Judgment on lhe merits, December 5, 2014, paragraph 153. 58 Resolution on the adoption of the Declar,1tion of Principles of Freedom of Expression in Africa, 2002, para. fl.2, and !V. 59 Communic•lions Nos 105/93, 128/94, 130/94 and 152/96, Media Rights Agenda, Constitutional Rights Project, Media Rights ·· u a ".!Is Project against Nigeria (ACHPR) October 1998;Communications Nos. 140/94, 141/94, 145/95, ConsUlutionaJ Rights Project, CW ~ Nigeria, 5 November 1999, para. 42. 60 Communication No. 255/02, Garreth Anver Prince v. South Afric,1, 7 December 200l., paras. 43-44. ~ ~ "' , 8 <I> ' 1~ \ ~ \ i!! ,. ~ .q.},o I'll0