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

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