Human Rights our Collective Responsibility A lleged violation of Article 2 of the Charter (Right to non-discrimination) 99. Article 2 of the African Charter provides that: " EvenJ individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter ·without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status. " 100. Non-discrimination is a fundamental pillar in ensuring equal treatment and opportunities for all individuals, regardless of race, ethnicity, origin, gender, religion, disability, or other characteristics. 22 101. The Complainant asserts that he endured derogatory labels, inquiries regarding his heritage, and discriminatory questioning due to his inability to speak Arabic despite being proficient in Polish. It is contended that the mistreatment directed at him possibly stemmed from his mixed Polish heritage, sparking unwarranted suspicions about his potential Jewish background and unjust connections to British or Israeli espionage. Additionally, he was reportedly referred to as a "Lebanese Dog." 102. The Complainant's argument raises concerns about discriminatory treatment based on his ethnicity and potential Jewish identity. The labeling, questioning, and inquiries directed at him during the interrogation at the NISS headquarters appear to focus on his connections to Poland, Israel, and Jewish heritage rather than relevant factors such as the nature of the alleged offense. 103. In evaluating whether there is a violation of Article 2 of the African Charter, it is essential to consider the provisions and interpretations of the African Charter, which guarantees the right to equality and prohibits discrimination on various grounds, including ethnicity and religion. 104. In Communication Zimbabwe Lawyers for Human Rights & Institute for Human Rights and Development in Africa (on behalf of Andrew Barclay Meldrum) v Zimbabwe, the Commission provided a comprehensive definition of discrimination. According to the Commission, discrimination encompasses any action seeking to differentiate, exclude, limit, or favor individuals based on race, color, or other status. Such discriminatory acts are deemed to have the 22 Communication 443/13 - Safia lshaq Mohammed Issa (represented by The REDRESS Trust) v. R 161 Application 006/2012 - African Commission on Human and Peoples' Rights v Kenya, Judgment, 138 Afriqan «f �- , Union \-i?Cf,'2 An Organ ot the 22 ts t, ia Phone: ( ����181 5 04 Email: au-banjul@africa-union.org African Com 31 Bijil ,.__v,. ,. J✓,; h"ps:/achpr.au.,nt/0 0 a

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