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Human R;ghts ou,
Collective Responsibility
Human and Peoples' Ri\:lhts
57. In view of the above, the Complainants request that the Commission issue a
declaratory order that the Respondent State is in violation of Articles 1, 4, 5, 14, and
17 of the African Charter on Human and Peoples' Rights, request that the Respondent
State or its agents refrain from expelling or harassing the Complainants, their families
and all other members of the Maasai Community residing on the land subject to the
present case, pending the determination of the Communication, and demand that the
Respondent State or its agents stop the implementation of the special economic zone
plan or any related project initiated without the consultation and participation of the
Complainants, of their families and the Community they represent.
58. The Complainants merely request that, in the light of the allegations and evidence
submitted to the Commission, the Commission determine that the Respondent State
has indeed violated the rights of the Maasai community of Kitet (Kedong), and,
furthermore, request the Respondent State to put an end to these violations. The
Commission sees no challenge in declaring the complaint compatible with the
Constitutive Act, since none of the prayers are contrary to its objectives.
Derogatory or insulting language (Article 56(3))
59. Article 56 (3) requires that Communications "shall not be drafted in derogatory or
insulting language directed against the State concerned and its institutions or against
the Organization of African Unity."
60. The issue around derogatory and insulting language in complaints lodged by
individuals against States Parties has been well discussed and addressed within the
framework of the African Human Rights System. In the Commission's view, two main
factors must be taken into consideration. On the one hand, the Commission's analysis
must take into account the freedom of expression of the individual when he or she
expresses his or her claims, as provided for in Article 9(2) of the African Charters,
while on the other hand, it must consider the threshold established by the body itself.
61. In this regard , the Commission has clearly identified derogatory and insulting language
as that which offends the integrity of the judiciary, unlawfully and intentionally violates
the dignity, reputation or integrity of an official or judicial body. In addition, the
Commission considers the language derogatory in such a way that it pollutes the
minds of the population or deliberately seeks to devalue the status of the institution.
In the case of Zimbabwe Lawyers for Human Rights and the Institute for
I:,
___
,__
5 Article 9(2) of the African Oiru-ter on Hum,m •nd Peoples' Rights ' F.veryone has the right to express and disseminate his or her
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