does not mean that entitlement to the benefits from the sustainable and human rights compliant use of such natural resources is limited to affected people living on or near such territory - the peoples of the State as a whole are also entitled to benefit from such resources16 with full respect to the interests specific to the communities living on or near such territory. The protection and preservation of a ‘generally satisfactory environment’ under Article 24 as a shared property entails that all individuals, communities and legal entities, most notably industrial enterprises such as companies involved in extractive industries, have the duty for the protection and preservation of the environment. 17 4. The principle of using wealth and natural resources in the exclusive interest of the people - Underlying the right of peoples to freely dispose of their wealth and natural resources is the principle that the use of natural resources should be for the exclusive interest and benefit of the citizens of a State in general and host communities in particular. In this regard, the rights of the people of the State as a whole may not detract from the specific rights of affected people who are directly impacted by extractive industries to benefit from the exploitation of natural resources. While this does not confer an absolute right on affected people over the national interest, there is a need for these, at time conflicting, interests to be balanced in a fair and just manner through a cost benefit analysis, which does not prejudice the affected people. Intertwined with this principle are the related principles of transparency and accountability pertaining to the exploration and development of natural resources, particularly where undertaken by foreign owned companies. 5. Sovereignty and ownership - Another principle underlying the right to freely dispose of wealth, is the principle of sovereignty and ownership. According to Article 21(1) of the African Charter, in no case shall a people be deprived of the right and its exercise shall be in their exclusive interest. At the very least, as outlined in the SERAC case, this bars the nonparticipation of affected people in the development processes (involving the use of natural resources) and the exclusion of affected people from material benefit accruing to them. The principle of sovereignty is also captured in the provisions of Article 21(5), which require States to eliminate all forms of foreign economic exploitation, and which thus vests the power of economic decision-making in the State and the people themselves, 20 |  African Commission on Human and Peoples’ Rights

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