Respondent's Submission 194. The Respondent argues that it has not violated the rights of the Ogieks to freely dispose of their wealth and natural resources as alleged by the Applicant, and that Article 21 of the Charter calls for reconciliation between the State on the one hand and individuals or groups/communities on the other on the ownership and control of natural resources. For the Respondent, while the right of ownership and control of natural resources belongs to the people , States are the entities that would ultimately exercise the enjoyment of the right in the interest of the people, and efforts are being made to maintain a delicate balance between conservation , a people -centred approach to utilisation of natural resources and the ultimate control of natural resources . The Respondent emphasises that it has adopted a harmonised balancing of the two concepts of the ownership and control of natural resources, through focussing on access to, rather than ownership over natural resources. The Court's Assessment 195. Article 21 of the Charter states that: "1. All peoples shall freely dispose of their wealth and natural resources. This right sha ll 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 internationa l economic cooperation based on mutual respect, equitable excha nge and the principle of international law 4. States parties to the present Charter shall i ndividually and col l ective ly exerc ise the right to free disposal of th e ir wealth and natural reso urc es with a view to str engthen ing African Unity . 7 /;; 59