154. Furthermore, if the Respondent State failed to protect the Victims from the violations that they incurred, and did not show any evidence of whether the differential treatment was legitimate, it goes without saying that the State has fallen short of its obligations under 18(3) of the African Charter. 155. The Complainants also allege that the Respondent State failed to investigate the sexual assaults that were perpetrated against the Victims. AC HP R This Commission notes that the concept of human rights is based on a typical recognition that every human being is equal and also recognizes the inherent dignity and worth of every human being. Accordingly, when women are targeted due to their political opinion for the mere fact of being women, and are not assured the necessary level of protection by the State in the face of that violence, a range of their fundamental human rights are at stake, including their right to sexual equality. The State therefore has an obligation to investigate such acts of violence against women, whether committed by state or non-state actors. 156. The African Commission also notes that a State may be in violation of the African Charter, for acts of non-state actors, if it complicit in the violations alleged, has sufficient control over those actors, or fails to investigate those violations. The jurisprudence of the African Commission has reaffirmed this position in Commission Nationale des Droits de l’Homme et des Libertés v. Chad.45 In that Communication, the African Commission stated that, “If a state neglects to ensure the rights in the African Charter, this can constitute a violation, even if the State or its agents are not the immediate cause of the violation.”46 45 Communication 74/92, Commission Nationale des Droits de l’Homme et des Libertés v. Chad (ACHPR). 46 Ibid., para. 20 44

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