in those territories, or parts of them. They form at present non-dominant
sectors of society and are determined to preserve, develop, and transmit to
future generations, their ancestral territories, and their ethnic identity, as the
basis of their continued existence as peoples, in accordance with their own
cultural patterns, social institutions and legal systems.”
In light of the above, the Ette community by virtue of being a Community
under the State of Nigeria are clothed with the rights of a people to challenge
the alleged violation under the African Charter on Human and Peoples’
Rights as well as other International Treaties.
Having established that the Ette Community on whose behalf this action is
brought are recognized as a “people” under the African Charter, the next
question to be considered is whether there has been a violation of Articles
20 and 22 as alleged.
Self-determination may best be understood as the legal right of people to
decide their own destiny in the international order. This principle allows a
people to choose their own political status and determine their own form of
economic, cultural and social development. Under the African Charter on
Human and Peoples Rights and the International Covenant on Civil and
Political Rights, self-determination is protected as a right of “all peoples.” It
refers to the rights of people indigenous to an area to determine their destiny.
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