to life, the right to humane treatment and the right to security of person for every individual under its jurisdiction. It also has an obligation under Articles 7 of the African Charter, which requires that every individual has a right to a fair determination of his human rights as protected in the Charter. 123. The Complainant draws the attention of the African Commission to Articles 60 of the Charter, to draw inspiration from the UN Convention on Refugees of 195123 and the 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa, instruments which the Respondent State has signed and ratified24 when determining the meaning of the above articles in the Charter in relation to those instruments. 124. The Complainant argues that since the African Charter is a treaty that is later in time, than either the UN Refugees Convention, or the African refugees convention, the general principle of international law to be applied to resolve any conflict between treaties is that the latter treaty prevails over the former treaty that are not compatible. The Complainant relies on Article 30(3) × When all the parties to the earlier treaty are parties also to the later treaty but the earlier treaty is not terminated or suspended in operation under article 59, the earlier treaty applies only to the extent that its provisions are compatible with those of the later treaty. of the Vienna Convention on the Law of Treaties, 25 which states that "the earlier treaty applies only to the extent that its provisions are compatible with those of the latter treaty." He argues that by applying this principle, any provisions of the UN refugees convention that are incompatible with either the African refugee convention or the Charter must be deemed to be overridden by these latter two instruments. 125. The Commission wishes to state that it does not find any conflict or incompatibility between the African Charter and the two refugees' convention, or between the UN and the OAU refugees conventions. The 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa 1969 OAU Convention stipulates that it is a complement to the 1951 UN Refugees Convention. Paragraph 9 of its preamble recognises the 1951 UN Convention and the 1967 Protocol as the basic and universal instruments relating to the status of refugees. Article VIII of the OAU Convention enjoins Member States to cooperate with the UNHCR, and states further that the OAU Convention is a regional complement to the 1951 UN Convention. 126. In that respect the Commission shall read the provisions of the three instruments as complementing each other. The Complainant's argument that the provisions of the latter convention prevail over the former do not in any way affect the interpretation the Commission will give to the applicable provisions, should it be necessary to do so under this communication. This is because the provisions are at most complementary to each other and not mutually exclusive. 127. Concerning the said violations, the Complainant submits that the Respondent State did not deny the facts as presented; rather it has merely alleged that the problem is the responsibility of the UNHCR. He states that both the Government of Sudan and the UNHCR recognised all of the refugees in the 1990s. The Complainant states that while the Respondent State claims that the refugees no longer need protection, the refugees, nevertheless, refute this claim. He argues that the refugees still deserve protection and, at the very least, they deserve a fair process to determine this question in each of their individual cases. He argues that since the Respondent State has denied the refugees protection, and a fair determination process, it is necessary to examine the de jure status individually. 128. The Complainant argues that both customary international law and the African Charter provide special protection to individuals who are unable to seek the protection of their own country. These persons refugees and asylum seekers - are recognised as being in particularly vulnerable positions. States are under a legal obligation to consider refugees' claims to protection through a fair procedure and to provide them protection if their claims are found to be well-founded. 129. Referring the Commission to Articles 12 of the African Charter, the Complainant argues that the Charter specifically recognises the need to protect such individuals, notwithstanding that it does not define in detail who qualifies as a refugee, except to describe them as any person who is persecuted. He goes on to state that the second preambular paragraph × Considering that the African Charter, while guaranteeing the freedom of movement and freedom of residence of every individual within a state subject to being law abiding, recognises that when persecuted, every individual shall have the right to seek and obtain asylum in other countries in accordance with the respective laws of the said countries, and international law, of Resolution No. 72/(XXXVI)/04, creating the Commission's Special Rapporteur, reiterates this protection, while also drawing States' attention to their obligations under relevant international instruments. 26 10