PART IV: ECONOMIC, SOCIAL AND CULTURAL RIGHTS ENSHRINED IN THE AFRICAN CHARTER Right to Property 51. Article 14: “The right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws.” 52. This part sets out certain of the obligations imposed by specific economic, social and cultural rights in the African Charter. It is not intended to constitute a comprehensive statement of the obligations imposed by each article, but rather to highlight key aspects of the interpretation of the relevant rights. The specific duties highlighted below should be read in the light of the general obligations of States elaborated above in relation to the economic, social and cultural rights. 53. The right to property is a broad right that includes the protection of the real rights of individuals and peoples in any material thing which can be possessed as well as any right which may be part of a person’s patrimony. The concept also includes the protection of a legitimate expectation of the acquisition of property. It encompasses the rights of the individual, group or people to peaceful enjoyment of the property. The right may be limited by the State in a non-arbitrary manner, according to the law and the principle of proportionality. 54. Protected under this article are rights guaranteed by traditional custom and law to access to, and use of, land and other natural resources held under communal ownership. This places an obligation on State Parties to ensure security of tenure to rural communities, and their members. 55. The right to property in the African Charter includes the following obligations on State parties to: a. Ensure peaceful enjoyment of property and protection from forced eviction.xvii This obligation implies that the State shall protect the enjoyment in all its forms, from interference by third parties as well as its own agents. b. Define by law the terms and conditions for the acquisition, nationalisation or expropriation of property based on acting in the public interest at all times. c. Ensure that “public need or in the general interest of the community” as expressed under the Charter serves legitimate public interest objectives such as economic reform or measures designed to achieve greater social justice. d. Ensure effective public participation and transparency in any acquisition process. 19