Explanatory Note to the State Reporting Guidelines on
the Contents of the Rights and Obligations under
Articles 21 and 24 of the African Charter
I
Underlying Principles
1. Indivisibility and interdependence – These are underlying principles of
the rights to wealth and natural resources and environment.12 The rights
guaranteed under Articles 21 and 24 of the African Charter are indivisible
from and interdependent with the civil and political rights and economic,
social and cultural rights as well as other peoples’ rights enshrined in the
African Charter.13 The implementation and the full realization of the rights
under these articles depend on and have to be pursued with due regard, as
necessary, to all other rights and the duties of persons as provided for in the
African Charter.14
2. As outlined by the African Commission in Social and Economic Rights Action
Center (SERAC) and Center for Economic and Social Rights (CESR) v. Nigeria
(SERAC case), addressing the rights issues arising from the operations of
extractive industries notably those involving Articles 21 and 24 of the Charter
requires the use of ‘the diverse rights contained in the African Charter’.
In this case, the Commission affirmed that the protection of the rights in
Articles 21 and 24 requires an integrated and complementary reading and
application of civil and political rights (Articles 2 and 4) and economic, social
and cultural rights (Articles 14, 16 and 18). The interdependence of rights
also means that the use of natural resources, including when undertaken
in the pursuit of national development endeavors, has to be done in an
environmentally sustainable way and with due respect to all the civil and
political, socio-economic and peoples’ rights of the African Charter.
3. The principle of solidarity - The rights guaranteed under Articles 21
and 24 are also underpinned by the principles of solidarity and the shared
interests of individuals, communities and the peoples’ of a State as a whole.
The State has, in accordance with the principle of State sovereignty over
natural resources, the main responsibility for ensuring natural resources
stewardship with, and for the interest of, the population.15 Although natural
resources under Article 21 are often localized in a particular region, this
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