162. The Court therefore denies the compensation of 500,000,000 CFA
claimed by the Applicants for themselves and holds that Senegalese
peoples on behalf of whom the action was initiated and whose rights the
Court has held have been violated are the proper parties entitled to
compensation.
163. Ahead of determining the precise amount to be awarded to the Senegalese
whom the Court has held are entitled to compensation, the Court notes
that an immediate challenge that flies out of this process is the
determination of the mode of payment of monetary compensation to a
large and indefinable group. Senegal has a population of almost 17 million
people with a sizeable number of adult male and female who have the
capacity to express their political opinions on the situation in Senegal.
https://data.worldbank.org/indicator/SP.POP.TOTL?locations=SN
(accessed on 24/2/2022 1.07pm). The payment of monetary compensation
for this indeterminable group is clearly a herculean task the Court is not
inclined to undertake.
164. Indeed, the Court expressed its unwillingness based on the impracticability
of assessing damages in a similar situation when an NGO claimed a
monetary compensation of 1 Billion Dollars (USD) ($ 1,000,000,000) for
the victims of human rights violations in the Niger Delta, Nigeria. The
Court elaborated thus; “The Court acknowledges that the continuous
environmental degradation in the Niger Delta Region produced
devastating impact on the livelihood of the population...; But in its
application and through the whole proceedings, the Plaintiff failed to
identify a single victim to whom the requested pecuniary compensation
could be awarded. In any case, if the pecuniary compensation was to be
granted to individual victims, a serious problem could arise in terms of
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