International Cooperation 39. All States have the obligation to engage in international cooperation for the realisation of ESCR and must prioritise allocation of such assistance towards the realisation of these rightsxiii. It is particularly incumbent upon developed countries, as well as others which are in a position to assist others, to do so. 40. States must avoid entering into all forms of agreements which undermine the enjoyment of economic, social and cultural rights by individuals and/or peoples within their jurisdictionxiv. In this regard states should prevent the abuse of national resources by both domestic and international economic actors.xv Macro-economic policies should facilitate and not retard access to and enjoyment of economic, social and cultural rights by individuals or peoples. Existing bilateral and multilateral agreements between states, or with international financial institutions, should not be relied on as a justification for a failure to ensure enjoyment of the economic, social and cultural rights protected under the African Charter. Right to Self-determination of Peoples 41. The right to self-determination as guaranteed under article 20 (1) the African Charter is exercised within the inviolable national borders of a State party by taking due account of the sovereignty of the State. At the national level this implies the right to take part in the democratic governance of the state, especially through free and fair national elections. 42. The right to self-determination in its application to peoples, including indigenous populations/communities, encompasses economic, social and cultural rights, including (but not limited to) the right to recognition of their structures and traditional ways of living as well as the freedom to preserve and promote their culture. xvi The enjoyment of these rights by individuals obliges the State to promote the abolition of, or amend cultural norms that result in discrimination or violation. 43. States should ensure that there is no discrimination against peoples, including indigenous populations/communities, in their access to economic activities particularly the labour market, land and means of agricultural production, and to health services, education and other facilities. States should facilitate and encourage the use of indigenous and local languages in schools and in local and central government. 44. States parties should ensure the prior informed consent by indigenous populations/communities to any exploitation of the resources of their traditional lands and that they benefit accordingly. States parties should further ensure that indigenous communities/populations give prior consent to any activities aimed at accessing and using their traditional knowledge. States parties should ensure that both state and non-state actors respect the rights of peoples to a satisfactory environment. 45. States parties should encourage peoples, including indigenous populations/communities, to preserve their particular cultural identity. To that State 17

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