State Reporting Guidelines on Articles 21 and 24 of the
African Charter on Human and Peoples’ Rights Relating
to the Operations of Extractive Industries
I.
Applicable Articles of the African Charter
Article 21
1. All peoples shall freely dispose of their wealth and natural resources.
This right shall be exercised in the exclusive interest of the people.
In no case shall a people be deprived of it.
2. In case of spoliation the dispossessed people shall have the right
to the lawful recovery of its property as well as to an adequate
compensation.
3. The free disposal of wealth and natural resources shall be exercised
without prejudice to the obligation of promoting international
economic cooperation based on mutual respect, equitable exchange
and the principles of international law.
4. States 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. States 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.
Article 24
All peoples shall have the right to a general satisfactory environment
favourable to their development.
II.
Definitions
1. The African Commission on Human and Peoples’ Rights (African
Commission) finds that the elaboration of the Guidelines requires the
provision of the definitions of key terms.
10 | African Commission on Human and Peoples’ Rights