41. When States ratify or accede to international instruments like the African Charter, they do so voluntarily and very much awake to their responsibilities to implement the provisions of these instruments. It therefore troubles the African Commission to be forced to make several requests to the Respondent State for its submissions, which are pertinent to its consideration of communications. In the present communication, it is very much unfortunate that the African Commission was forced to take this path bearing in mind the fact that its headquarters is within the Respondent State. This situation not only seriously hampers the work of the African Commission but it also defeats the whole purpose of the African Charter, to which the Respondent States professes to be aligned with. The African Commission therefore hopes that in future the Respondent State will be forthcoming to its requests especially those relating to communications. 42. The Complainants submit that by ratifying the African Charter, the Respondent State undertook an obligation to bring its domestic laws and practice in conformity with the African Charter. This presupposes that any domestic law, which violates the African Charter, should as soon as the Respondent State ratifies or accedes to the African Charter be brought into conformity with articles provided for therein. ‘As soon as’ in this context would mean that States that are parties to the African Charter should take immediate steps, mindful of their obligations, to bring their legislation in line with the African Charter. The legislation in dispute in the present communication; the LDA was enacted in 1917 and the last amendment to this Act was effected in 1964. There is no doubt that since 1964, there have been many developments in the field of human rights, particularly addressing the rights of persons with disabilities. As such, the LDA should have long been amended to bring it in line with the changed circumstances. 43. In principle, where domestic laws that are meant to protect the rights of persons within a given country are alleged to be wanting, the African Commission holds the view that it is within its mandate to examine the extent to which such domestic law complies with the provisions of the African 1 Charter . This is because when a State ratifies the African Charter it is obligated to uphold the 2 fundamental human rights contained therein . Otherwise if the reverse were true, the significance of ratifying a human rights treaty would be seriously defeated. This principle is in line with Article 14 of 3 the Vienna Convention on the Law of Treaties of 1980. 44. The Complainants submit that the provisions of the [LDA] condemning any person described as a ‘lunatic’ to automatic and indefinite institutionalisation are incompatible with and violate Articles 2 and 3 of the African Charter. Section 2 of the LDA defines a ‘lunatic’ as including ‘an idiot or person of unsound mind’. 4 45. The Complainants argue further that to the extent that mental illness is a disability , the practice of detaining persons regarded as mentally ill indefinitely and without due process constitutes discrimination on the analogous ground of disability. 46. Article 2 of the African Charter provides: “ Every individual shall be entitled to the enjoyment of the rights and freedoms recognised and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, colour, sex, language, religion, or any other opinion, national or social origin, fortune, birth or other status.” Article 3 of the African Charter provides: “1. Every individual shall be equal before the law Every individual shall be entitled to equal protection of the law.” 47. In interpreting and applying the African Charter, the African Commission relies on its own jurisprudence, and as provided by Articles 60 and 61 of the African Charter, on appropriate and relevant international and regional human rights instruments, principles and standards. 48. The African Commission is, therefore, more than willing to accept legal arguments with the support of appropriate and relevant international and regional human rights instruments, principles, norms and standards taking into account the well recognised principle of universality which was established by the Vienna Declaration and Programme of Action of 1993 and which declares that “all 5 human rights are universal, indivisible, interdependent, and interrelated.” 49. Articles 2 and 3 of the African Charter basically form the anti-discrimination and equal protection provisions of the African Charter. Article 2 lays down a principle that is essential to the spirit of the African Charter and is therefore necessary in eradicating discrimination in all its guises, while Article