72/1995/578/664, (1996). The Complainants also cite Article 23(2) of the American Convention on Human Rights which provides that “no-one shall be deprived of his property except upon payment of just compensation, for reasons of public utility or social interest, and in the cases and according to the forms established by law.” 37. The Complainants refer to Rodolfo Stavenhagen et al. eds, (2001), “Cultural Rights: A Social Science nd Perspective,” in Economic, Social and Cultural Rights,(Asbjørn Eide) 2 ed., pp. 85, 86-88. see also Rachel Murray and Steven Wheatley (2003), ‘Groups and the African Charter on Human and Peoples’ Rights’, Human Rights Quarterly , Vol. 25, p. 222. 38. (2001), paras 56-58. 39. Report of the African Commission’s Working Group of Experts, p. 20. 40. World Bank Operational Directive 4.10]. 41. The Ogoni Case (2001), para. 46. 42. Apirana Mahuika et al v. New Zealand, Human Rights Committee, communication No. 547/1993, UN Doc. CCPR/C/70/D/547/1993 (2000), para. 5.7-5.9. 43. Apirana Mahuika et al v. New Zealand, (2000) Human Rights Committee, Comm. No. 547/1993, UN Doc. CCPR/C/70/D/547/1993, para. 5.7-5.9. 44. Mary and Carrie Dann vs. USA (2002), para. 136 . 45. Ibid at para. 140 Antoanella-Iulia Motoc and the Tebtebba Foundation, Preliminary working paper on the principle of free, prior and informed consent of indigenous peoples in relation to development affecting their lands and natural resources that would serve as a framework for the drafting of a legal commentary by the Working Group on this concept. U.N. Doc. E/CN.4/Sub.2/AC.4/2004/4 (2004),para. 14 (a) . 46. See Report of the Special Rapporteur (Rodolfo Stavenhagen) on the Situation of Human Rights and Fundamental Freedoms of Indigenous People on Implementation of General Assembly Resolution 60/251 of th th th th 15 March 2006, A/HRC/4/32/Add.3, 26 February 2007: “Mission to Kenya” from 4 to 14 December 2006, at ¶ 9. 47. See the Report of the Rapporteur of the OAU ministerial meeting on the draft African Charter on Human and th th Peoples’ Rights held in Banjul, The Gambia, from 9 to 15 June 1980 (CAB/LEG/67/3/Draft Rapt. Rpt (II)), p.4. 48. Report of the African Commission’s Working Group of Experts on Indigenous Populations/Communities], published jointly by the ACHPR/IWGIA 2005. 49. The African Charter is not an accident of history. Its creation by the OAU came at a time of increased scrutiny of States for their human rights practices, and the ascendancy of human rights as a legitimate subject of international discourse. For African states, the rhetoric of human rights had a special resonance for several reasons, including the fact that post-colonial African states were born out of the anti-colonial human rights struggle, a fight for political and economic self-determination and the need to reclaim international legitimacy and salvage its image. 50. Report of the Special Rapporteur (Rodolfo Stavenhagen) on the Situation of Human Rights and Fundamental Freedoms of Indigenous People on “Implementation of General Assembly Resolution 60/251 , supra n. 47. 51. Ibid. 52. See African Commission on Human and Peoples’ Rights, Decision 155/96, The Social and Economic Rights Action Centre and the Centre for Economic and Social Rights – Nigeria (27 May 2002), Fifteenth Annual Activity Report of the African Commission on Human and Peoples’ Rights , 2001-2002. 53. Report of the African Commission’s Working Group of Experts on Indigenous Populations/Communities (adopted at the Twenty-eighth Session, 2003). 54. Report of the African Commission’s Working Group of Experts on Indigenous Populations/Communities (adopted at the Twenty-eighth Session, 2003). 55. Ibid. 56. See Article 60 of the African Charter. 57. Jose Martinez Cobo (1986), Special Rapporteur, Study of the Problem of Discrimination against Indigenous Populations, Sub-Commission on the Prevention of Discrimination and the Protection of Minorities, UN Doc. E/CN.4/Sub.2/1986/7/Add.4. 58. The UN Working Group widens the analysis beyond the African historical experience and also raises the slightly controversial issue of “first or original occupant” of territory, which is not always relevant to Africa. 59. Convention concerning Indigenous and Tribal Peoples in Independent Countries (ILO No. 169)], 72 ILO th Official Bull. 59, entered into force Sept. 5 , 1991, Article 1(b). 60. Convention concerning Indigenous and Tribal Peoples in Independent Countries (ILO No. 169), 72 ILO Official th Bull. 59, entered into force Sept. 5 , 1991, Article 1(b). 61. See Report of the Special Rapporteur (Rodolfo Stavenhagen) on the Situation of Human Rights and Fundamental Freedoms of Indigenous People, op. cit, supra n. 47 - Emphasis added. 62. See Report of the Special Rapporteur (Rodolfo Stavenhagen) on the Situation of Human Rights and Fundamental Freedoms of Indigenous People on “Implementation of General Assembly Resolution 60/251, op. cit, supra note 47. 63. The Commission has affirmed the right of peoples to bring claims under the African Charter. See the case of Social and Economic Rights Action and Centre for Economic and Social Rights v. Nigeria. Here the Commission stated: “The African Charter, in its Articles 20through 24, clearly provides for peoples to retain rights as peoples, that is, as collectives.” 64. The Commission has also noted that where there is a large number of victims, it may be impractical for each individual complainant to go before domestic courts. In such situations, as in the Ogoni case, the Commission can adjudicate the rights of a people as a collective. Therefore, the Endorois, as a people, are entitled to bring their