Human Rights our Collective Responsibility decision-making processes leading to the Gibe III dam and the Kuraz Sugar Projects. Second, that they were not given the opportunity to decide whether or not to give their free, prior and informed consent to the two projects. 188. By the very nature of Article 20(1) of the African Charter, the right to self- determination is underscored by the freedom of peoples to determine their own development. Where this right is sought to be exercised in conformity within the sovereignty and territorial integrity of a State, it must be understood to include the right of the people concerned to freely and effectively participate in the processes of the state as well as in decisions on economic, social and cultural matters that directly impact the rights and interests.w 189. This also means that the protection of the right to self-determination of peoples in the national context is not limited only to participation in the democratic processes of a State. It extends to the ability to pursue their own economic and social development according to the policy they have freely chosen. It also implies the obligation on the part of States Parties to ensure that vulnerable and marginalised peoples, including indigenous populations/ communities, are able give or decide to withhold their free, prior and informed consent to any development project affecting them. 190. In the Principles and Guidelines on the Implementation of Economic, Social and Cultural Rights in the African Charter on Human and Peoples' Rights, the Commission declares that "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."49 Similarly, in the Endorois case, the Commission held that any development or investment project that would have a major impact on territory of indigenous populations requires that the duty of the state not only to consult with the community, but also to obtain their free, prior and informed consent. Consequently, the Commission found that the consultations held by the Republic of Kenya with the Endorois people were inadequate as the people had not effectively participated in the process. 191. In this case, the Complainants submitted that the indigenous peoples of the Lower Omo have been denied an opportunity to effectively participate in the decisions to proceed with both Gibe III and Kuraz, and that their free, prior and informed consent is 'not possible without their participation. Considering the An Olllan of the African 6/.""')'\ Unlon~""" , 38