economic co-operation based on mutual respect, equitable exchange
and the principles of international law.
4. State parties to the present Charter shall individually and collectively
exercise the right to free disposal of their wealth and natural
resources with a view to strengthening African unity and solidarity.
5. State parties to the present Charter shall undertake to eliminate all
forms of foreign economic exploitation particularly that practiced
by international monopolies so as to enable their peoples to fully
benefit from the advantages derived from their national resources.
9. First and foremost, the right to freely dispose of wealth and natural
resources is an inviolable right of all peoples (Article 21(1) last sentence), an
extension and central element of the right to self-determination provided
for in Article 20 of the Charter. The right and the entitlements arising from
it belong to peoples. As per the second sentence of Article 21(1) & (4),
States only have a delegated role entailing the exercise of this right. Article
21 is empathic that this role of States has to be executed in the exclusive
interest of the people. The last provision of Article 21(5) explicitly affirms
that peoples of States party to the African Charter are entitled to ‘fully
benefit from the advantages derived from their national resources’.
10. The essence of this right entails that people have secure access to, use of and
benefit from their wealth and natural resources. ‘Peoples’ and individuals are
thus entitled to live on, access, develop and use the land, vegetation, water
sources and the aquatic resources on which they depend for their survival
and livelihoods.18 Integral to the right to property, which is guaranteed under
Article 14 of the Charter, such entitlement to live on, develop or use land
and such other resources does not depend on whether such entitlement
arises from custom and hence historically acquired or the formal laws of
the country.19 This right also entitles peoples and individuals to be provided
with requisite support that enables them to access, develop and use these
resources in a way that is sustainable and improves their standard of living.
11. With respect to natural resources that require industrial scale development,
Article 21 entails that local people and nationals are provided with the
legal guarantee to participate in the prospecting and development of such
resources.20 It also entitles them to acquire a stake in the project for the
22 | African Commission on Human and Peoples’ Rights