th 105. Moreover, in the judgement pronounced on January 19 , 2009 in the case relating to the st request for interpretation of the judgement of March 31 , 2004, in the Avena case and other Mexican 28 citizens (Mexico vs the United States of America , the International Court of Justice which had been seized by Mexico for the interpretation of paragraph 153 of the aforementioned judgement as imposing on the United States of America an obligation of result, maintained that “ It is true that the obligation enunciated in this paragraph is an obligation of result which should manifestly be enforced 29 unconditionally . 106. Thus, the question that arises generally is to appreciate, on the one hand, the ultimate purpose or objective of the rights prescribed by the African Charter on Human and People’s Rights and on the other hand, whether yes or no the obligation prescribed in Article 1 of the Charter seeks to attain a purpose, an objective or to achieve a result through the provisions contained therein. 107. In the view of the Commission, the distinction between the obligation of diligence and that of result should not make one lose sight of the fact that , all obligations contained in a Treaty, Convention or a Charter seek to attain an objective, a purpose or a result. The Governments of the States Parties are linked to the people living on their territory by a social contract consisting of ensuring the security and guaranteeing the fundamental rights, including the right to life and respect for the physical and material integrity of the citizens. Where the rights, responsibilities and freedoms recognized by the States Parties to the Charter can hardly pose major problems, since these regulations are outlined in the Articles 2 to 29 of the Charter and their recognition emanates from the will of the States themselves to ratify the Charter, nonetheless this recognition ensues from the commitment made by these States to take tangible measures capable of implementing the provisions prescribed by the Charter. 108. It is also important to clarify that the signature, acceptance and ratification by the States of the provisions contained in the Charter, the preparation or the adoption of legal human rights instruments only constitute, in themselves, the beginning of the indispensable exercise of promotion, protection and the reparation of human and peoples’ rights. The practical implementation of these legal instruments through the State Institutions endowed with creditor, material and human resources, is also of considerable importance. It is not enough to make do with taking measures, these measures should also be accompanied with institutions that produce tangible results. Furthermore, the Periodic Report imposed on the States Parties in the context of Article 62 of the African Charter is part of the procedure placed at the disposal of the African Commission to verify the results obtained by the States regarding their commitment as outlined in Article 1 of the said Charter. 109. Where it is true that the laws guaranteeing the rights and freedoms, those criminalizing the given facts and providing for penalties against the perpetrators of the said facts, as well as the State institutions which implement these instruments use the resources at the disposal of the citizens, it is also true that the decisions of the Courts and Tribunals made in relation to the violations of these rights and the results of the execution of the said decisions, contribute to restoring the rights of the victims. 110. It follows from the above that Article 1 of the African Charter imposes on the States Parties the obligation of using the necessary diligence to implement the provisions prescribed by the Charter since the said diligence has to evolve in relation to the time, space and circumstances, and has to be followed by practical action on the ground in order to produce concrete results. Thus, in its decision on Communication 74/92, the Commission said that the Governments have the responsibility of protecting their citizens not only through appropriate legislation and its effective enforcement but also by protecting them against injurious acts which can be perpetrated by third parties. 111. In fact, in the Commission’s view, it is an obligation of RESULT that Article 1 of the African Charter imposes on the States Parties. In effect, each State has the obligation of guaranteeing the protection of the human rights written in the Charter by adopting not only the means that the Charter itself prescribes, in particular “all the necessary legislative measures for this purpose but in addition measures of their choice that the Charter called for by Article 1 and it therefore defined as one of result. 112. In accordance with its traditional commitment to protect the rights guaranteed by the Charter, the State Party is obliged to ensure the effective protection of human rights through out its territory. If

اختر الفقرة المستهدفة3