State sovereignty, internal self-determination and development : Towards equitable resource governance in Mozambique

Abstract

The research explores the implications of the state-centred sovereignty under the Mozambican Constitution for the exercise of permanent sovereignty over natural resources under the African Charter on Human and Peoples’ Rights (African Charter) from the standpoint of internal self-determination, as well as for the realisation of the right to development based on the exploration and of extractive natural resources in Mozambique – a country endowed with abundant reserves of extractive natural resources. The central argument the research makes is that the right to resource-based development cannot be meaningfully realised without a shared resource governance scheme in place. This argument is based on the premise that permanent sovereignty over natural resources, by its very definition, goes beyond mere constitutionally proclaimed public ownership. Indeed, it enables peoples to take charge of resource management. For this end, it is recommended that the Mozambican Constitution and legislation governing the extractive industries and decentralization are aligned with the peoples-centred approach of the African Charter.