41. The legislative measures for the realization of the duty to respect should include internationally acceptable expropriation rules with the necessary safeguards to protect individuals and local people from arbitrary State actions or decisions that may lead to arbitrary land dispossession or deprivation, which should include the prohibition of expropriation for uses other than a public purpose. In addition, legislative measures should provide for the process to be applied and the standards to be followed in cases of expropriation or resettlement including consultation with affected members of society, provision of due notice, the payment of adequate compensation and support for rehabilitation. Furthermore, it should ensure that the standards, which apply to compensation to be paid by local companies, should not in any way be to the detriment of the affected people. 42. Derived from the right of peoples 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, there is a corresponding duty on the State to ensure that there is a legal framework in place which ensures protection of land and resource ownership rights by the people, even if they do not have formal title over the land or in the case of collective ownership. In this regard it is necessary to also take account of the often more precarious nature of land ownership by women in Africa. 43. Also in relation to the duty to respect is the obligation on States to respect the ability of other African States to deliver the same to their people, as derived from the obligation of States to collectively exercise the right to free disposal of wealth and natural resources. 44. With respect to the right to a general satisfactory environment, the duty to respect entails that the State should not interfere unnecessarily with the enjoyment by people of this right. In this context again, the issue of consultation and participation of the affected persons is crucial. In addition, the State should have due regard to the cultural and natural heritage and sacred sites of peoples and communities.21 45. The second is the duty to protect. In the context of Articles 21 and 24 of the African Charter, the obligations of the State include putting in place internationally acceptable standards on environmental protection, on financial responsibilities in relation to the development of natural resources, 32 |  African Commission on Human and Peoples’ Rights

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