rather than any outside entities. This also closely relates to the principle
of self-determination and the power to pursue their economic and social
development according to the policy they have freely chosen, as provided
for in Article 20.
6. The principle of effective participation - A further principle underlining
Articles 21 and 24 of the African Charter is participation of affected people
in all decisions relating to the exploration and use of natural resources and
decisions with consequences on the environment. As outlined in the SERAC
case, where people live within the areas of operation of extractive industries
or where decisions with environmental consequences are being taken, such
affected people should be provided with the necessary information.
7. Non-discrimination and equality - The rights under Articles 21 and 24
are also premised on the principles of non-discrimination and equality, rights
guaranteed under Article 2 of the African Charter. Any discrimination on
any of the listed grounds under Article 2 of the Charter in access to or
enjoyment of the rights in these Articles is proscribed. Similarly, the rights
guaranteed in these articles should be applied and operationalized with
particular regard to the most marginalized and socio-economically excluded
members of society, including most notably women, but also children,
persons with disabilities and older persons. In the implementation of these
rights, policy measures should aim at rectifying existing inequalities based
on gender, ethnicity, religion and race and other similar grounds.
II
Content of the rights guaranteed in Articles 21 and 24
8. Article 21 of the African Charter stipulates
1. All peoples shall freely dispose of their wealth and natural resources.
This right shall be exercised in the exclusive interest of the people.
In no case shall a people be deprived of it.
2. In case of spoliation the dispossessed people shall have the right
to the lawful recovery of its property as well as to an adequate
compensation.
3. The free disposal of wealth and natural resources shall be exercised
without prejudice to the obligation of promoting international
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