(~CHP!t'l} i ACH PR ,. p African Commission on Human and Peoples' Rights Human Rights our Collective Responsibility obligation, under the Pinheiro Principles, also entails that States shall take steps to ensure that no one is subjected to displacement by either State or non-State actors.s178. In the instant case, it is evident in the absence of any rebuttal by the Respondent State that the victims of displacement in South Kordofan and Blue Nile have both been displaced from their residences and denied their right to peaceful enjoyment of property. 179. The Commission finds that the displacement of civilians from the lawful and quiet enjoyment of property amounts to a violation of Article; 14 of the African Charter. Alleged violation of Article 16 of the African Charter 180. The Complainants alleged that the attacks on civilians, subsequent displacement and failure of the Respondent State to provide basic services violated Article 16 of the African Charter. The Complainants claimed that the bombardment of civilians, their homes, farms and dwelling areas, which cut them off from drinking water, food, electricity and medical aid, constitute a violation of Article 16 of the African Charter. 181. Article 16 of the African Charter guarantees that "[elvenj individual shall have the right to enjoy the best attainable state of physical and mental health." This right entails the obligation of state parties to take me necessary steps to protect the health of their people and to ensure that they re~eive appropriate medical attention when they are sick. The right to the best attainable state of physical and mental health also entails both a positive obligation on the part of the State to progressively realise the right of access to the basic necessities for good health such as food, water and healthcare, and a negative obligation to not impede access by the civilian population to these necessities. 182. In this regard, the Commission takes inspiration from the work of the UN Committee on Economic, Social and Cultural Rights. In General Comment No. 15 on The Right to Water, for example, the UN Committee on Economic, Social and Cultural Rights states that the right to water is inextricably linked to the right to the highest attainable standard of health.s> Similarly, in the case of SERAC, the Commission found that the right to food is implicit in the African Charter and inseparably linked to the dignity of human beings. The African Charter and All Organ 01 lne AfriGan (' .:~, Union ,,,,,.'1 https:/achpr,auJntlO 0 a

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