......-----------------------------
such alleged violation. As a result, the Court is unable to make a determination
on the merits of the substance of the Applicants' allegation because of its
generalised nature and finds no violation of a right protected in the Charter or
other international human rights instruments ratified by the Respondent.
F) Allegation that the Respondent State has violated Article 1 of the
Charter
158.
The Applicants allege that the Respondent has breached its obligation
under Article 1 of the Charter by failing to give effect to the rights enshrined in
it. 4o The Respondent has not made any submission on this allegation.
159. The Court reiterates its position in the matter of Alex Thomas v Tanzania that
Article 1 of the Charter imposes on States Parties the duty to recognize the
rights guaranteed therein and to adopt legislative and other measures to give
effect to these rights, duties and freedoms. 41 Accordingly, in assessing whether
or not a State has violated Article 1 of the Charter, the Court examines not only
the availability of domestic legislative measures taken by the State but also
whether the application of those legislative or other measures is in line with the
realization of the rights, duties and freedoms enshrined in the Charter, that is,
the attainment of the objects and purposes of the Charter. 42 If the "Court finds
that any of the rights, duties and freedoms set out in the Charter are curtailed,
violated or not being achieved, this necessarily means that the obligation set
out under Article 1 of the Charter has not been complied with and has been
violated. "43
160. In the instant case, the Court has found that the Respondent State has
violated Article 6 and Article 7 of the Charter. On this basis, the Court thus
concludes that the violation of these rights also simultaneously violates Article
1 of the Charter requiring the Respondent to respect and ensure respect for the
rights guaranteed thereof.
4°Rejoinder, p. 7
41 Alex Thomas Case, para. 135
42 Ibid.
43 Ibid
41