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Human and Peoples' Rights
Human Rights our
Collective Responsibility
201. The Commission notes that the right to life, in the context of indigenous
communities such as the Maasai of Kedong, should be read holistically, in line with
the General Comments mentioned above. In this regard, the practice of encroaching
lands through expropriation, the blocking of access to and exit from lands through the
construction of trenches around the disputed lands, which has caused the death of
schoolchildren, constitutes an obstacle that negatively interferes with the living
conditions of community members.
202. The Commission considers that these acts of the Respondent State are
incompatible with its obligation to respect, protect, promote and realize the right to life
provided for in Article 4 of the African Charter.
The alleged violation of the right to self-determination
203.
Article 20 of the African Charter provides that
1. All peoples 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.
2. Colonized or oppressed peoples shall have the right to free themselves from
the bonds of domination by resorting to any means recognized by the
international
community.
All peoples shall have the right to the assistance of the State Parties to the
present Charter in their liberation struggle against foreign domination, be it
political, economic or cultural.
204. The Commission recalls that self-determination can be seen from both an internal
and external perspective. Internal self-determination operates within the borders of a
given State, and external self-determination leads to secession. In this regard , the
Commission considered that self-determination can be exercised in the form of" .. .
self-government, local government, federalism , confederalism."64
205. In this communication, the Complainants claim that self-determination is the
fundamental right of individuals and communities to control their own d
choose their government. They stress that this allows indigenous peo
their traditions and culture to future generations. They argue that sel
V,
64 Communication No. 75/92: Katangese People's Congress v. DRC (ACHPR) ( 1995), paro. 4.
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