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Collective Responsibility
b) On the request for compensation for damage caused
221 . The Commission notes that the Complainant seeks reparations for damage
caused, which may be material and non-material. The Commission recalls that to
determine reparations, it is necessary to determine the (i) victims, (ii) the damage and
(iii) the causal link between the violations found and the damage caused.
i)
The Victims
222. The Commission recalls that it defined the victim as "persons who, individually or
collectively, suffer harm, including physical or psychological harm, due to acts or
omissions that constitute violations of the African Charter71. In this Communication,
the victims are the Maasai of Kedong, whose lands were expropriated without prior
consultation and consent. In the case of a community, the victims include members
who belong to the community, even if they are not living in the area covered by this
Communication.
ii)
The amount of damage
223. The Commission obvers that to compensate the victims for the damage suffered,
which may be both moral and material, it is necessary to determine the amount of the
damage. In the case of non-material damages, the Commission considers that the
extent of the suffering and the corresponding amount of compensation must be
demonstrated by the Complainants, for example, through medical certificates or other
means capable of proving the severity of the suffering, such as trauma, anguish,
stress, depression, or other mental illnesses resulting from the trauma of rape.
224. In this case, the Commission notes that the Complainants have not provided such
evidence. However, the Commission believes that such evidence is best presented at
the national level during the process of determining financial compensation.
225. Regarding the amount of reparations for material damage, the Commission notes
that the Complainants, apart from the land they claim, do not claim any specific
71 General Comment No. 4 on the African Charter on Human and Peoples' Rights: The Right to Reparation for Victirns of Torture
Degrading Treatment or Punishment (Article 5) Section Ill, par,,. 16, adopted at U,e 21st Special Session ol the African Commissio
held from 23 Februaiy to 4 March 2017 in Banjul, Gambi;,. In tl1e same vein, UN Basic Principles and Guidelines on the Right to
Violations of International Human Rights Law and Serious Viol•tions of International Humanitarian L.1w (2005), § 8: Victim is de
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or collectively have suffered physical or mental harm, emotional distn:,ss, l'Conomic loss, and the victim also includes the imme
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c1irect victim and persons who have suffered harm to the victim. inter\•tme to he lp victims in distress or to prevent victimisation.
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