373. Furthermore, the Applicants pray the Court to order the Respondent State
to set up a fund for advocacy and services in the interests of PWA with
participation of PWA in its design, establishment and implementation.
374. The Respondent State did not respond specifically on this point but prays
the Court to reject the prayers on reparations as baseless.
***
375. The Court acknowledges that compensation is an important means for
effecting reparations. For example, in the Christopher Mtikila v. Tanzania,
the Court reiterated the fact that if a State that has violated rights enshrined
in the Charter, it should “take measures to ensure that the victims of human
rights abuses are given effective remedies including restitution and
compensation.”108
376. Given that the violations leading up to this judgment have been experienced
by many PWA and over a substantial expanse of time, the Court considers
it very important that any benefit, as a result of this litigation, should be
extended to the PWA. In the circumstances, the establishment of a fund is
one mechanism to ensure that PWA benefit from the outcome of this
litigation.
377. The Court takes particular cognisance of the fact that the claim for
compensation herein relates to the right to life, dignity, non-discrimination,
freedom from trafficking, right to education, and right to health.
378. The Court is also aware that the violations herein of the rights of PWA affect
them as a vulnerable group of the Respondent State’s population. The
award of compensation must, therefore, and in so far as is possible, operate
to ameliorate the overall condition of the PWA.
108
Mtikila v. Tanzania (reparations), § 29.
85