Substance
Right to dispose wealth and natural resources – article 21

The notion of ‘peoples’ does not only cover populations as a constituent element of the state
but also sub-state ethnic groups and communities as long as they do not challenge the
territorial integrity of the state (African Commission on Human and Peoples’ Rights v Kenya,
application 006/2012, Judgement, 26 May 2017, para 198 & 199). The deprivation of an
indigenous community of their ancestral lands amounts to a violation of this right (African
Commission on Human and Peoples’ Rights v Kenya, application 006/2012, Judgement, 26
May 2017, para 201).

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