population, has the right under Article 22 of the Charter to enjoy their
right to development.
209.
The Court considers that, Article 22 of the Charter should be read in
light of Article 23 of the UNDRIP which provides as follows:
"Indigenous peoples have the right to determine and develop priorities and strategies for exercising
their right to development. In particular, indigenous peoples have the right to be actively involved
in developing and determining health, housing and other economic and social programmes
affecting them and, as far as possible, to administer such programmes through their own
institutions."
21 0 . In the instant case , the Court recalls that the Ogieks have been
continuously evicted from the Mau Forest by the Respondent , without
being effectively consulted . The evictions have adversely impacted on
their economic, social and cultural developme nt. They have also not
been actively involved in developing and determining health, housing
and other econom ic and social programmes affecting them.
211. The Court therefore holds that the Respondent violated Article 22 of
the Charter.
I.
Alleged violation of Article 1 of the Charter
Applicant's Submission
212.
The Applicant urges the Court to apply its own approach 63 and that of the
Commission64 in respect of Article 1 of the Charter, that if there is a violation of any or
all of the other Articles pleaded, then it follows that the Respondent is also in violation
of Article 1.
Tanganyika Law Society and The Legal and Human Rights Centre and Reverend Christopher R. Mtikila v
United Republic of Tanzania.
64 ACHPR Communications 147/95 & 149/96 Sir Dawda K. Jawara v Gambia (2000), 11 May 2000
paragraph 46 13th Annual Activity Report 1999-2000; Communication 211/98 Legal Resources Foundation
v Zambia (2001 ), paragraph 62; Communications 279/03-296/05 Sudan Human Rights Organisation &
Centre on Housing Rights and Evictions (COHRE) v Sudan (2009) at paragraph 227 where the nature of
Article 1 as expressed in Dawda Jawara and Legal Resources Foundation are succinctly combined: The
Commission concludes further that Article 1 of the Charter imposes a general obligation on all State parties
to recognise the rights enshrined therein and requires them to adopt measures to give effect to those
rights;as such any finding of violation of those rights constitutes a violation of Article 1.
63
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