affected by activities of extractive industries can claim the rights guaranteed
in these articles to ‘peoples’. ‘Communities’ in this context refers to residents
of a locality which is organized either as part of an administrative or selfgoverning unit of a state or on the basis of the customary or religious law/s
of the area.
7. ‘Wealth’ as used in Article 21 of the African Charter refer to a people’s
tangible and intangible possessions having socio-economic value, including
natural resources; and ‘natural resources’ as used in Article 21 refer to both
the non-renewable resources including oil, gas and minerals and renewable
resources, tangible and intangible, including the sun, soil, water, wind, fauna
and flora.11 Natural resources thus encompass all assets or materials that
constitute the natural capital of a nation.
III.
Guidelines for State Reporting under Article 21 and 24
In terms of Articles 21 and 24 of the African Charter, the periodic report
that States submit under Article 62 should include information on the issues
highlighted below. In preparing the Report, States are encouraged to ensure
that their Ministries of Justice, Finance, Trade and Investment, Environment,
Mining, their Revenue Collection Authorities, Reserve Banks and Auditors
General are involved.
In relation to Article 21, the state report should include the
following information:
Background
a) The types of natural resources which are exploited or available
within the territory of the State;
b) The activities being undertaken by extractive industries within the
territories of the State;
c) The list of the transnational or multinational companies and
subsidiaries as well as local enterprises involved in these activities,
as well as the extent of their involvement;
d) Information on the size and lifestyle of the populations or
communities living in the territories where extractive industries are
undertaken;
e) Information on how the rights under Articles 21 are given
12 | African Commission on Human and Peoples’ Rights