forces is an infringement of Article 14 and the right to an adequate housing which is implicitly guaranteed by Articles 14, 16 and 18(1) of the Charter. 117. Regarding the right to adequate housing, the Complainant urges the Commission to draw inspiration from other international human rights law standards. It submits that the right to adequate housing is well-defined under international human rights law, including the Universal Declaration of Human Rights (Article 25(1) ), and the International Covenant on Economic, Social and Cultural Rights (Article 11(1) ), and other international human rights instruments. 118. The Complainant also submits that the Committee on Economic, Social and Cultural Rights gave a precise content to the right to housing in its General Comment No. 4 adopted on th 12 December 1991, concerning the State’s obligation to respect, protect and fulfil security of tenure. In its General Comment No. 7, the Committee defines and proscribes the practice of forced evictions. 119. The Complainant recalls that in General Comment No. 4, the Committee on Economic, Social Cultural Rights held that“many of the measures required to promote the right to housing would only require the abstention by the [Respondent State] from certain practices”. Furthermore, in General Comment No.7, it is affirmed that: “The State itself must refrain from forced evictions and ensure that the law is enforced against its agents or third parties who carry out forced evictions.” 120. The Complainant further invites the Commission to find the State in violation of Article 7 as it failed to “adequately investigate and prosecute” the authors of the forced evictions and destruction of housing. 121. The Complainant submits that the African Commission relied on international law to define the right to adequate housing implied by Articles 14, 16 and 18(1) of the Charter, in its decision on the SERAC Case. 122. The Complainant also relies on the jurisprudence of the European Court of Human Rights 7 in Akdivar and Others v. Turkey , where, in a situation similar to the one prevailing in the Darfur, that is, destruction of housing in the context of a conflict between the government and rebel forces, the European Court of Human Rights ruled that Turkey was responsible for violations perpetrated by both its own forces and the rebel forces because it has the duty to both respect and protect human rights. 123. The Complainant submits that forced evictions and destruction of housing constitute cruel or inhuman treatment prohibited by Article 5 of the Charter, which is consistent with international human rights standards. It quotes the Concluding Observations on Israel in 2001 where the Committee against Torture (CAT) found that forced evictions and destruction of housing cause “indescribable suffering to the population”. Regarding forced evictions and destruction of housing carried out by non8 state actors, the communication relies on the jurisprudence of the CAT in Hijrizi v. Yugoslavia where the Committee ruled that the State is responsible for failing to protect the victims from such a violation of their human rights not to be subject to cruel, inhuman and degrading treatment or punishment under Article 16 of the Convention against Torture. 124. The Complainant also submits that forced evictions and accompanying human rights violations constitute violations by the Respondent State of the right to adequate food and the right to water implicitly guaranteed under Articles 4, 16 and 22 of the Charter as informed by standards and principles of international human rights law. 125. The Complainant relies on the Committee on Economic, Social and Cultural Rights General Comment No. 12 of 1999, which obligates States to respect, protect and fulfil the right to adequate food, and General Comment No. 15 of 2003, where the Committee declares that “the human rights to water entitles everyone to sufficient, safe, acceptable, physically accessible and affordable water for personal domestic uses”. 126. The Complainant invites the Commission to develop further its reasoning in the SERAC Case by holding that the right to water is also guaranteed by reading together Articles 4, 16, and 22, of the African Charter. It urges the Commission to find that the Respondent State has violated that right by “being complicit in looting and destroying foodstuffs, crops and livestock as well as poisoning wells and denying access to water sources in the Darfur region.

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