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1·• African Commission on
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nm:i:{ w Human and Peoples' Bights
Collective Responsibility
attaining a lawful goal. If the methods used to validate differing
treatment are excessive or disproportionate, it may indicate
discriminatory practices.
107.
The Commission emphasized that these three criteria for evaluating
discrimination are cumulative, meaning that meeting any of these conditions
suffices to establish a violation of the right to non-discrimination.
108.
The contentions raised by the Complainant imply mistreatment and
discriminatory behavior directed towards him. While definitively proving
differential treatment without specific details or contrasting evidence among
individuals in similar circumstances poses challenges, it is crucial to question
whether demonstrating varying treatment towards others in comparable
situations is a prerequisite when subjected to treatment based on lineage or
faith.
109.
In situations where treatment seems correlated to one's status - such as
beliefs, lineage, or nationality - discriminatory behavior can be reasonably
inferred. This inference stems from the notion that the treatment stems from
specific characteristics like faith, creed, lineage, or nationality. In the present
Communication, the assertions concerning being identified as a Jew,
reprimanded for not speaking Arabic, or subjected to derogatory epithets like
"Lebanese dog" potentially signify discriminatory conduct directed at the
Complainant based on these specific attributes. The Commission opines that
the act of mislabeling tied to his ethnicity and the imposition of a linguistic
requirement that is unfamiliar to him not only exacerbated his distress but also
underscored the discriminatory essence of the treatment he endured. In this
context, the Commission, as evidenced in the case of Institute for Human
Rights and Development in Africa (acting on behalf of Sierra Leonean refugees
in Guinea) v. Guinea, underscored that although States retain the right to
prosecute individuals they deem as security risks, the extensive human rights
transgressions targeting Sierra Leoneans due to their origin contravene Article
2 of the Charter2s.
25 Communication 249/02-lnstitute for Human Rights and Development in Africa (acting on behalf of
refugees in Guinea) v. Guinea, para 72
24
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