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African Commission on
Human and Peoples' Rights
Human Rights our
Collective Responsibility
Nuba people to benefit from their land and its natural resources. The Commission
thus finds that the rights of the Nuba to freely dispose of their wealth and natural
resources under Article 21(1) have been violated.
252. Under Article 21(2) of the African Charter, the Respondent State has an
obligation to compensate the Nuba people for despoilation of their properties. The
destruction of their property and the failure to compensate them for the damage
amounts to a violation of Article 21(2) of the African Charter.
Alleged violation of Articles 23 of the African Charter
253. The Complainants also allege that their right to peace under Article 23 was
violated. Article 23(1) of the African Charter enshrines that:
"[aJll peoples shall have the right to national and international peace and security. The
principles of solidaritv and friendly relations implicitly affirmed by the Charter of the
United Nations and reaffirmed by that of the Organization of African Unity shall
govern relations between states."
254. The right to national peace and security has two dimensions. The first
dimension affords a negative protection. By virtue of this protection, people are
entitled to be protected from being targets of or being subjected to conditions of
armed violence. The second dimension involves positive protection. This goes
beyond the silence of the guns or the absence of armed violence. It additionally
involves the provision of institutional and legal measures that ensure positive
peace whereby they have a secure social and political environment guaranteed by
respect for their rights, the rule of law and the enforcement of law and order in
accordance with internationally accepted constitutional processes. At a minimum
Article 23(1) requires that the state or its agents refrain from subjecting any
category of its population from being a target of armed violence or being subjected
to conditions of armed violence.
255. With regard to the Respondent State's alleged violation of Article 23(1), the
Commission notes that the attack of civilian villages and populations by State
forces amounted to a denial of the right to live in peace and security.
256. In Malawi African Association and Others v Mauritania,88 the Commission noted
that even where the attack by State forces was done against rebel groups, the
responsibility for protection of human rights was incumbent on the Mauritanian
State, which is a party to the African Charter; and as such, the unprovoked_ attacks
88 (2000)
AHRLR 149 (ACHPR 2000) para 140.
52
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