With F Franscioni (Eds) in ENFORCING INTERNATIONAL HUMAN RIGHTS IN DOMESTIC COURTS; 1997: The Hague; Martinus Nijhoff; 8. [FN2] The Commission held in respect to the amnesty laws promulgated by the Government of Uruguay: where it had been argued that these were valid and legitimate in terms of domestic law and the constitution and that they had approval by the democratic majority in a referendum: ...it should be noted that it is not up to the Commission to rule on the domestic legality or the constitutionality of national laws. However, the application of the Convention and the examination of the legal effects of a legislative measure, either judicial or of any nature, insofar as it has effects compatible with the rights and guarantees embodied in the Convention or the American Declaration, are within the Commission's competence. -------------------------------------------------------------------------------60. What this does mean, however, is that international treaties which are not part of domestic law and which may not be directly enforceable in the national courts, nonetheless impose obligations on State Parties. It is noticeable that the application of the Charter was not part of the argument before the national courts. 61. Conscious of the ramifications of any decision on this matter, the Commission had invited the parties to address the question of the extent of the jurisdiction of the Commission when it comes to domestic law including as is the case in this instance the Constitution. Counsel for the Respondent State argued that the Commission had no locus standi to adjudicate on the validity of domestic law. That position is correct. What must be asserted, however, is that the Commission has the duty to "give its views or make recommendations to Governments.../ to formulate and lay down principles and rules aimed at solving legal problems relating to human and peoples' rights and fundamental freedoms upon which African Governments may base their legislation / and interpret all the provisions of the present Charter..."(Article 45). 62. In addition, the Commission is mindful of the positive obligations incumbent on State Parties to the Charter in terms of Article 1 not only to "recognise" the rights under the Charter but to go on to "undertake to adopt legislative or other measures to give effect to them" The obligation is peremptory, States "shall undertake" Indeed, it is only if the States take their obligations seriously that the rights of citizens can be protected. In addition, it is only to the extent that the Commission is prepared to interpret and apply the Charter that Governments would appreciate the extent of its obligations and citizens understand the scope of the rights they have under the Charter. 63. Article 2 of the Charter abjures discrimination on the basis of any of the grounds set out, among them "language... national or social origin... birth or other status..." The right to equality is very important. It means that citizens should expect to be treated fairly and justly within the legal system and be assured of equal treatment before the law and equal enjoyment of the rights available to all other citizens. The right to equality is important for a second reason. Equality or lack of it affects the capacity of one to enjoy many other rights[FN3]. For example, one who bears the burden of disadvantage because of one's place of birth or social origin suffers indignity as a human being and equal and proud citizen. He may vote for others but has limitations when it comes to standing for office. In other words the country may be deprived of the leadership and resourcefulness such a person may bring to national life. Finally, the Commission should take note of the fact that in a growing number of African States, these forms of discrimination have caused violence and social and economic instability which has benefited no one. It has cast doubt on the legitimacy of national elections and the democratic credentials of States.