famous Declaration on the Right to Development.58 Under the provisions of Article 1(1) of the said Declaration, « The right to development is an inalienable right of man by virtue of which every human person and all peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be fully realized ». 182. In its jurisprudence, the Commission further adopts a definition by application rather than by conceptualization of the right to development under the Charter. In Democratic Republic of Congo v. Burundi, Rwanda and Uganda, the Commission thus considers that the fact that the Respondent States buried the victims of massacres perpetrated by them against the populations of the Complainant’s East Province in mass graves is a violation of « the right of the Congolese peoples to cultural development ».59 On the other hand, in Gunme and Others v. Cameroon, although the Commission could not conclude that there has been a violation of Article 22 for lack of evidence. However, it considered that if they were proven, acts of « economic marginalization and lack of economic infrastructure » could constitute a violation of the right to development.60 The Commission emphasizes this conception of development under Charter by ruling in Centre for Minority Rights Development and Others v. Kenya that the failure of the Respondent State to involve the Endorois populations as well as in the design of reserve settlement projects as well as in the enjoyment of income accruing to their exploitation is a violation of Article 22 of the Charter.61 183. This position is in keeping with the national jurisprudence 62 and the doctrine on the right to development.63 In the light of the foregoing, the Commission considers that there is indeed a fundamental convergence to comprehend the right to development as an inalienable, individual or collective right, to participate in all forms of development, through the full realization of all fundamental rights, and to enjoy them without unjustifiable restrictions. In any case, the conception of this right in the spirit of the Charter See Resolution 41/128 of 4 December 1986. See Democratic Republic of Congo v. Burundi, Rwanda and Uganda Communication 227/99 (2004) AHRLR 19 (ACHPR 2003) para 87. 60 See Gunme and Others v. Cameroon Communication 266/03 (2009) AHRLR 9 (ACHPR 2009) paras 205206. 61 Centre for Minority Rights Development and Others v.Kenya 273/03 (2009) AHRLR 75 (ACHPR 2009) paras 269-298. 62 See, for example,Denton v. The Director General, NIA and Others v. The Gambia (2006) AHRLR 241 (GaHC 2006) para 33. 63 See, among others, PG Pougoué ‘Lecture de la Charte africaine’ Droits de l’homme en Afrique centrale Colloque de Yaoundé (1994) Karthala 42-44 ; K Mbaye Les droits de l’homme en Afrique (1980) 664 et s. 58 59 59