ACHPR
African Commission on
Human and Peoples' Rights
Human Rights our
Collective F,esponslbiJity
on villages constitute a denial of the right to live in peace and security."? The
Commission also noted that regardless of whether the destruction of civilian
villages in Mauritania was carried out by state-controlled forces or rebel forces, the
responsibility to protect the people remained that of the State.P?
257. In the present case, there is no indication on the part of the Respondent State
that it has taken any due diligence measures either to prevent the disruption of the
peace or investigate and punish violators of the peace and§ecurity of the people.
The lack of any preventive or mitigation measures by the Re'tpondent State to stop
the violent disruption of the peaceful existence of individuals and communities in
the recess of their residences and neighbourhoods in South Kordofan and Blue Nile
incurs the responsibility of the Respondent State under the A£rkan:~harter.
258. Given that the nature and extent of the attacks and bombardment of unarmed
civilians by state security forces in breach of the duty of the state toj;respectdenies
the victims their right to live in peace and security, the Commission finds the
Respondent State violated the obligation to guarantee peace and security to the
people of South Kordofan and Blue Nile u!1der Article 23 of the African Charter.
Alleged violation of Article 3(2) of the African Charter
259. Article 3(2) provides that every individual shall.be entitled to equal protection
of the law.
260. The Complainants submitted that, for the reasons stated above in this case, the
failure of the Respondent State to provide the victims in South Kordofan and Blue
Nile with adequate and equal protection of the law amounted to a violation of
Article 3(2) of the African Charter.
261. From the facts of this case, it is clear that the Respondent State did not protect
the members of the Nuba as it did the dominant sectors of the Sudanese
population. The Respondent State did not also protect particularly vulnerable
groups such as women, children and ethnic minorities from the horrors of war and
armed violence as well as from sexual and gender-based violence.
262. Based on the neglect by the Respondent State of its obligation under the African
Charter to prevent violations and protect the victims from infringement by state
forces and other violent non-state actors through the provision of adequate
security and legal guarantees as well as the availability and accessibility of
89 As above,
90 As above,
para. 140.
para. 140.
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