D. Alleged violation of Article 1 of the Charter
104.
The Applicant submits, in general terms, that the Respondent State violated
Article 1 of the Charter on
freedoms enshrined
the obligation to recognize
in the Charter and
the rights, duties and
undertake to adopt legislative
or other
measures to give effect to them.
RK
105.
Pursuant to the provisions of Article 1 of the Charter, “The Member States
of the Organisation
of African
freedoms
in the Charter and shall undertake
enshrined
Unity
... shall recognize
the
rights, duties
and
to adopt legislative or
other measures to give effect to them.”
106.
In reference to its established jurisprudence, the Court reiterates
that:
when (the Court) finds that any of the rights, duties or freedoms set out in
the Charter are curtailed, violated or not being achieved,
means
that the obligation set out under Article
this necessarily
1 of the Charter has
not
been complied with and has been violated.4®
107.
Given that none of the violations alleged by the Applicant has been proven
in the instant case, the Court finds that there has been no violation of Article 1 of
the Charter.
IX.
REPARATIONS
108. Article 27(1) of the Protocol states that:
See Alex Thomas v. United Republic
Others v. Burkina Faso (Merits) (2014)
Others v. United Republic of Tanzania,
Kocha) v. United Republic of Tanzania,
of
1
§
§
Tanzania (Merits), § 135; See also Norbert Zongo and
AfCLR 226, § 199 ; See also Kennedy Owino Onyanchi and
159; Nguza Viking (Babu Seya) and Johnson Nguza (Papi
135.
27