prospecting and developing of such resources. Article 21 also entitles
affected people living in the areas where industrial development of
resources takes place to benefit from the proceeds of the extraction and
sale of such resources. The benefit to be accrued to affected people should
be on the basis of internationally acceptable and legally established schemes
for equitable sharing of revenues from operations of extractive industries
between national government, regional authorities and local affected
people. Furthermore, beneficiation for affected people should extend
beyond revenues alone, and should include other forms of beneficiation,
such as minimum local content requirements in extractive industries and
contribution to local development projects. Not only that the activities
of extractive industries should not lead to make the conditions of life of
people living in the territory worse off (such as through limiting access to or
spoiling the land and water on which they depend for their livelihoods) but
also contribute to the improvement of their standard of life both measured
both objectively and subjectively.
12. The right to share in the benefits derived from the development or sale of
natural resources extends to all peoples of a state.
13. Where local people are engaged in artisanal or small-scale mining, they are
entitled to the protections that should be provided for in the necessary
human rights, safety and environmental regulatory measures. Specifically,
the minimum safety measures required to safeguard the health and life
of artisanal miners should be put in place. Steps should be taken to raise
awareness of artisanal miners regarding their rights and responsibilities, and
support them in building their capacities to safeguard against environmental
damages and health hazards.
14. The protections and entitlements expounded in the foregoing paragraphs
constitute the positive guarantees and substantive elements of Article 21 of
the African Charter. Article 21 additionally provides negative guarantees.
Article 21 (1) particularly guarantees that in no way should any people be
deprived of the protections, entitlements and benefits arising from the right
to dispose of wealth and national resources. Further, Article 21 protects
nationals of a state and local communities against acts or conditions or
arrangements that interfere with or impede their right to the disposal of
wealth and natural resources. Similarly, as outlined in the SERAC case, with
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