269.
Article 1 of the African Charter provides that, “The Member States of the
Organization of African Unity parties to the present Charter shall
recognize the rights, duties and freedoms enshrined in this Charter and
shall undertake to adopt legislative or other measures to give effect to
them.”
270.
The Complainants submit that the Respondent State violated Article 1 of
AC
HP
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the African Charter when it failed in its positive obligation to protect the
Victims from the violations they incurred. They also raise the issue of noninvestigation by the Respondent State as a violation of Article 1 of the
African Charter.
271.
The Respondent State did not make any submissions directly related to
Article 1 of the African Charter. Its submissions under the other Articles
however touch on the issues of protection and investigation which will
not be replicated here.
272.
The African Commission has held that Article 1 of the African Charter
gives the latter a legally binding character and that a violation of any
provision of the Charter automatically means a violation of Article 1.114
273.
Following the analyses of the other Articles alleged to have been violated
by the Respondent State, it is the view of the African Commission that the
violations that have been committed by the Respondent State against the
Victims have been prompted by the latter‟s failure to protect, promote and
fulfil these rights as required by the African Charter. In addition, the
114
n 3 above. para 46.
79
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