5.
States Parties to the present Charter shall undertake to
eliminate
all forms
of foreign
exploitation
particularly that
practised by international monopoles so as to enable their peoples
to fully benefit from the advantages derived from their national
resources ."
196.
The Court notes, in general terms, that the Charter does not define the notion of
"peoples". In this regard, the point has been made that the drafters of the Charter
deliberately omitted to define the notion in order to "permit a certain flexibility in the
application and subsequent interpretation by future users of the legal instrument, the
task of fleshing out the Charter being left to the human rights protection bodies."60
197.
It is generally accepted that, in the context of the struggle against foreign
domination in all its forms, the Charter primarily targets the peoples comprising the
populations of the countries struggling to attain independence and national
sovereignty61 .
198.
In the circumstances, the question is whether the notion "people" used by the
Charter covers not only the population as the constituent elements of the State, but
also the ethnic groups or communities identified as forming part of the said population
within a constituted State. In other words , the question that arises is whether the
enjoyment of the rights unquestionably recognised for the constituent peoples of the
population of a given State can be extended to include sub-state ethnic groups and
communities that are part of that population.
199.
In the view of the Court, the answer to this question is in the affirmative, provided
such groups or communities do not call into question the sovereignty and territorial
integrity of the State without the latter's consent. It would in fact be difficult to
understand that the States which are the authors of the Charter intended , for example,
to automatically recognise for the ethnic groups and communities that constitute their
population, the right to self-determination and independence guaranteed under Article
60
Report of the Rapporteur pages 4 to5, paragraph 13, cited in Ouguergouz Fatsah, The African Charter
of Human and Peoples' Rights. A Comprehensive Agenda for Human Dignity and Sustainable Democracy
in Africa, (2003), page 205, Note 682.
61 See paragraphs 3 and 8 of the preamble to the Charter.
I
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60
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