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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
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65 Communication 318/06, Open Society Justice Initiative c. Cote d' Ivoire (ACHPR) (2016), p•ro. 183.
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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.
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