216. The Respondent State and its agents, the Janjaweed militia forcefully evicted the victims from their homes, some family members were killed, others fled to different places, inside and outside the territory of the Respondent State. This kind of scenario threatens the very foundation of the family and renders the enjoyment of the right to family life difficult. By not ensuring protection to the victims, thus allowing its forces or third parties to infringe on the rights of the victims, the Respondent State is held to have violated 18 (1) of the African Charter. Alleged violation of Article 22 217. The Complainant alleges violation of Article 22.1 of the Charter. Article 22.1 provides that ‘[a]ll peoples shall have the right to their economic, social and cultural development with due regard to their freedom and identity and in the equal enjoyment of the common heritage of mankind. (2). States shall have the duty, individually or collectively, to ensure the exercise of the right to development”. 218. The right to economic, social and cultural development envisaged in Article 22 is a collective right endowed on a people. To determine violation under this article, the Commission will first have to determine whether the victims constitute a “people”within the context of the African Charter. 219. The population in the Darfur Region, alleges the Complainant, is made up of three major tribes, namely the Zaghawa, the Fur, and the Marsalit. These tribes are described as being “people of black African origin”. The Respondent State is the largest state in Africa. Part of its population is of Arab stock. A common feature shared between the people of Darfur and the population of the other parts of the Respondent State, except for Southern Sudan, is that they predominantly subscribe to the Islam religion and culture. 220. By attempting to interpret the content of a “peoples’ right,” the Commission is conscious that jurisprudence in that area is still very fluid. It believes, however, that in defining the content of the peoples’ right, or the definition of “a people,” it is making a contribution to Africa’s acceptance of its diversity. An important aspect of this process of defining “a people” is the characteristics, which a particular people may use to identify themselves, through the principle of self identification, or be used by other people to identify them. These characteristics, include the language, religion, culture, the territory they occupy in a state, common history, ethno - anthropological factors, to mention but a few. In States with mixed racial composition, race becomes a determinant of groups of “peoples”, just as ethnic identity can also be a factor. In some cases groups of “a people” might be a majority or a minority in a particular State. Such criteria should only help to identify such groups or sub groups in the larger context of a States’ wholesome population. 221. It is unfortunate that Africa tends to deny the existence of the concept of a “people” because of its tragic history of racial and ethnic bigotry by the dominant racial groups during the colonial and apartheid rule. The Commission believes that racial and ethnic diversity on the continent contributes to the rich cultural diversity which is a cause for celebration. Diversity should not be seen as a source of conflict. It is in that regard that the Commission was able to articulate the rights of indigenous people and communities in Africa.Article 19 of the African Charter recognises the right of all people to equality, to enjoy same rights, and that nothing shall justify a domination of a people by another. 222. There is a school of thought, however, which believes that the “right of a people” in Africa can be asserted only vis-à-vis external aggression, oppression or colonisation. The Commission holds a different view, that the African Charter was enacted by African States to protect human and peoples’ rights of the African peoples against both external and internal abuse. 223. In this regard it protects the rights of every individual and peoples of every race, ethnicity, religion and other social origins.2 and 19 of the Charter are very explicit on that score. In addressing the violations committed against the people of Darfur, the Commission finds that the people of Darfur in their collective are “a people,” as described under 19. They do not deserve to be dominated by a people of another race in the same state. Their claim for equal treatment arose from the alleged underdevelopment and marginalization. The response by the Respondent State, while fighting the armed conflict, targeted the civilian population, instead of the combatants. This in a way was a form of collective punishment, which is prohibited by international law. It is in that respect that the Commission views the alleged violation of 22.