independent investigative body, which is not within the mandate of the African Commission. 169. The Respondent State therefore request the African Commission to dismiss Communication 301/05 as unfounded for the foregoing reasons. The African Commission’s Decision on the Merits 170. The Complainants base their claims against the Respondent State on the violations of Articles 1, 2, and 7(1)(b)(d) of the African Charter. 171. Alleged Violation of Article 1: Article 1 of the African Charter requires all the States Parties to the African Charter to recognize the rights guaranteed therein and to adopt legislative and other measures to give effect to these rights, duties and freedoms. 172. Alleged Violation of Article 2: Article 2 of the African Charter further imposes a duty on States Parties to the African Charter to ensure that every individual enjoys the rights and freedoms recognized and guaranteed in the Charter without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status. 173. The Complainants discuss the two Articles together. They argue that the Respondent State‟s failure to recognize the rights of the former Dergue Officials enshrined in the African Charter violates Articles 1 and 2 of the African Charter. 174. The Complainants argue that Article 1 gives the African Charter a legally binding character38 while Article 2 “abjures discrimination on the basis of any grounds set out, among them “language… national or social origin… birth or other status…”39 it argues that States Parties to the African Charter are obliged not only to recognize the rights, duties and freedoms enshrined in it and to undertake to adopt legislative and other measures to give effect to them, but also to ensure that these rights are available to all without discrimination. Thus, by ratification, it argues, States are obligated to diligently undertake the harmonization of their legislation with the provisions of the Charter.40 Where a State neglects to protect the rights in the Charter, this can 38 See Communications 147/95 and 149/96, Sir Dawda Jawara/The Gambia, paragraph 46. Communication 211/98 Legal Resources Foundation/Zambia paragraph 63. 40 Communications 48/90, 50/91, 52/91, 89/93, Amnesty International and Others/ Sudan, paragraph 40 39 39