;"r'l- ACHPR /. . African Comrrussion on ouno . Human Rights our Collective Responsibility Human and Peoples' Rlgtlts evidence presented before the Commission by the Complainants does not disclose this. Unless there is compelling evidence to show that the Omo peoples were opposed to the construction of the Gibe III dam and that the lands upon which the Kuraz has so far been implemented are traditional lands forcefully acquired by the State, the Commission finds that there has been no violation of Article 21(1) of the African Charter. 233. In the circumstances, the Commission finds that the Respondent State has not violated the rights of the Omo peoples under Article 21(1) of the African Charter. Alleged violation of Articles 22(1) of the Charter 234. The Complainants allege that the Omo peoples' right to development under Article 22(1)of the African Charter has been violated as a result of the Respondent State's failures to conduct a proper impact assessment of the Gibe III dam and the Kuraz and to seek or obtain their free, prior and informed consent. 235. Article 22(1) of the African Charter provides that: All peoples shall have the right to their economic, social and cultural development with due regard to their freedom and idcntib] and in the equal enjoyment of the common heritage of mankind. 236. The African Charter is the only binding international human rights instrument of its kind that recognizes the right to development as a fundamental right of the collective. In the Endorois case, the Commission noted that the right to development is two-pronged - that is, it is both constitutive and instrumental, or useful as both a means and an end. The Commission held that fulfilling only one of the two prongs or a violation of either the procedural or substantive element of the right will constitute a violation of the right to development under Article 22(1) of the African Charter.v By this Commission clarifies that the right to development is constitutive to the extent that it is recognized and protected by law; it is instrumental to the extent that it entitles and empowers its holders to be consulted, to contribute to and participate in decision-making processes concerning them so that other rights are not violated. In all of this, the freedom of choice must be present as a part of the right to development.s237. Under international human rights law, the right to development is closely associated with the rights of peoples to self-determination and to freely dispose 82 Endorois case (n 32 above) para 277. 27 March 2009 para 7.6 51