(~CH·t)ACH PR ~ 1;1 African Commission on Human Rights our Collective Responsibility Human and Peoples' Rights 188. As such, the Commissions finds that the Respondent State's actions amounted to a violation of Article 16 of the African Charter. Alleged violation of Article 18(1) of the African Charter 189. The Complainants alleged that the forced displacement of large numbers of civilians as a result of the Respondent State's indiscriminate bombing campaign and other human rights violations resulted in a violation of Article 18(1) of the African Charter. 190. Article 18(1) provides that u[tJhe family shall be the natural unit and basis of society." The Article goes further to place an obligation on the State to protect the family and take care of its physical and moral health. 191. The Commission has noted in its jurisprudence that the family is the basic core of society, which should be protected by the State. In Democratic Republic of the Congo v Burundi, Rwanda and Uganda,66 the Commission noted that the mass transfer of persons from the eastern provinces of the complainant state to camps in Rwanda was inconsistent with the provisions of Article 18(1) of the African Charter. 192. Similarly, in the SERAC case,67the Commission held that the right to housing could be implied from the combined effect of Articles 14, 16 and 18(1) of the African Charter. The Commission noted that, at a very minimum, the right to shelter not only" obliges the Nigerian government not to destroy the housing of its citizens," but also required government to not obstruct efforts by individuals or communities to rebuild lost homes. In that case, the Commission stated that: The state's obligation to respect housing rights requires it, and thereby all of its organs and agents, to abstain from carrving out, sponsoring or tolerating any practice, policy or legal measure violating the integriuj of the individual or infringing upon his or her freedom to use those material or other resources available to him or her in a way he or she finds most appropriate to satisfy individual, family, household or community housing needs. Its obligations to protect obliges it to prevent the violation of any individual's right to housing by any other individual or non-state actors like landlords, property developers, and landowners, and where such infringements occur, it should act to preclude further deprivations as well as guaranteeing access to legal remedies. The right to shelter even goes further than a roof over one's head. It extends to embody 66 (2004) 67 (2001) AHRLR 19 (ACHPR 2003) para 81. AHRLR 60 (ACHPR 2001) para 61. 38 An Organ oj Ihe tt-'~~ Africa n Union ~f>{¥ https:/achpr.au.inVO () a

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