faced pressure from her family to quit her job and to cease political participation. She states: "My feelings of
personal security have deteriorated...I change my clothes in the dark... scared to see myself naked. I felt
like their fingerprints were marked on my body."36 She also allegedly lost her relationship with her partner
after her refusal to withdraw the complaint which was perceived as a "scandal" given the public and sexual
nature of the violations she endured.
134. The Third Victim alleges that when she was trying to leave the Press Syndicate she was subject to
several assaults. She states: "One of the women pulled my hair and brought me to the ground. The next
thing I knew I was being beaten... All of the clothes on the upper half of my body were torn off and I ended
up with only a bra."37 According to the Third Victim, she also suffered from intimidation after filing the
Complaint at the PPO, to the extent that she was threatened and led to her being framed with prostitution
accusations.
135. The Fourth Victim on her part alleges that, while she was participating in the demonstration, she was
attacked by thugs who beat her up and tried to tear off her clothes. She alleges that she had men following
her and also calling her names such as 'slut' and 'whore.' As a result of the incidents, the Fourth Victim
alleges that she was severely traumatized to the extent that she had to be on anti-depressants, and
suffered from physical injuries for three months.38
136. It is further alleged by the Fourth Victim that while the above mentioned assaults were taking place,
law enforcement officers on the scene refused to come to her assistance.
137. Three clear conclusions are obvious from the submissions of the statements made by the Victims;
a. The Victims were exclusively women;
b. The Victims were not protected from the perpetrators and other unidentified actors during the
demonstrations; and
c. The violations were perpetrated on the Victims because of their gender.
138. Having said this, the onus probandi therefore shifts on the Respondent State to prove that the Victims
were in effect protected by the law and that there was no differential treatment given to both male and
female protesters on the scene. However, there is no evidence in the submissions of the Respondent State
showing that male protesters in the scene were also stripped naked and sexually harassed as the women
were.
139. In the absence of any evidence to the contrary by the Respondent State, the Commission finds a
violation of Article 2 of the African Charter.
140. In claiming a violation of Article 18(3) of the African Charter, the Complainants submit that the sexual
abuse that the Victims endured were gender-specific, amounting to discrimination on the grounds of sex.
141. The Complainants further allege that the State failed to protect the Victims from discrimination, by not
taking any measures to thoroughly investigate, prosecute and punish the perpetrators in cases where it
occurs.
142. In order for the African Commission to establish that Article 18(3) has been violated by the
Respondent State, it is going to analyse 'some of the elements' of the testimonies provided by the
Complainants (discussed in paragraphs 131 to 136) above to establish whether the allegations were indeed
gender-specific, and discriminatory on the primary basis of gender. This is because the characteristics of
violence commonly committed against women and men differ, and it is only by analyzing the nature of the
violence that the African Commission can effectively draw its conclusions.
143. Firstly, when looking at the verbal assaults used against the Victims, such as 'slut' and 'whore,' it is the
opinion of the African Commission that these words are not usually used against persons of the male
gender, and are generally meant to degrade and rip off the integrity of women who refuse to abide by
traditional religious, and even social norms.
144. Secondly, the physical assaults described above are gender-specific in the sense that the Victims
were subjected to acts of sexual harassment and physical violence that can only be directed to women. For
instance, breasts fondling and touching or attempting to touch 'private and sensitive parts'. There is no
doubt that the Victims were targeted in this manner due to their gender.
145. Thirdly, the alleged threats against some of the Victims who were accused of practicing prostitution
when they refused to withdraw their Complaints can also be classified as being gender-specific.
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