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
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