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 R 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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