does not mean that entitlement to the benefits from the sustainable and
human rights compliant use of such natural resources is limited to affected
people living on or near such territory - the peoples of the State as a whole
are also entitled to benefit from such resources16 with full respect to the
interests specific to the communities living on or near such territory. The
protection and preservation of a ‘generally satisfactory environment’ under
Article 24 as a shared property entails that all individuals, communities and
legal entities, most notably industrial enterprises such as companies involved
in extractive industries, have the duty for the protection and preservation of
the environment. 17
4. The principle of using wealth and natural resources in the exclusive
interest of the people - Underlying the right of peoples to freely dispose
of their wealth and natural resources is the principle that the use of natural
resources should be for the exclusive interest and benefit of the citizens
of a State in general and host communities in particular. In this regard,
the rights of the people of the State as a whole may not detract from the
specific rights of affected people who are directly impacted by extractive
industries to benefit from the exploitation of natural resources. While this
does not confer an absolute right on affected people over the national
interest, there is a need for these, at time conflicting, interests to be balanced
in a fair and just manner through a cost benefit analysis, which does not
prejudice the affected people. Intertwined with this principle are the related
principles of transparency and accountability pertaining to the exploration
and development of natural resources, particularly where undertaken by
foreign owned companies.
5. Sovereignty and ownership - Another principle underlying the right to
freely dispose of wealth, is the principle of sovereignty and ownership.
According to Article 21(1) of the African Charter, in no case shall a
people be deprived of the right and its exercise shall be in their exclusive
interest. At the very least, as outlined in the SERAC case, this bars the nonparticipation of affected people in the development processes (involving
the use of natural resources) and the exclusion of affected people from
material benefit accruing to them. The principle of sovereignty is also
captured in the provisions of Article 21(5), which require States to eliminate
all forms of foreign economic exploitation, and which thus vests the power
of economic decision-making in the State and the people themselves,
20 | African Commission on Human and Peoples’ Rights