76. As to the purport of Articles 2 and 3 of the Charter, the Court observes that in African Commission on Human and Peoples’ Rights v. Kenya it stated thus:19 Article 2 of the Charter is imperative for the respect and enjoyment of all other rights and freedoms protected in the Charter. The provision strictly proscribes any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment. The right not to be discriminated against is related to the right to equality before the law and equal protection of the law as guaranteed by Article 3 of the Charter. The scope of the right to non-discrimination extends beyond the right to equal treatment by the law and also has practical dimension in that individuals should in fact be able to enjoy the rights enshrined in the Charter without distinction of any kind relating to their race, colour, sex, religion, political opinion, national extraction or social origin, or any other status. The expression ‘any other status’ under Article 2 encompasses those cases of discrimination, which could not have been foreseen during the adoption of the Charter. In determining whether a ground falls under this category, the Court shall take into account the general spirit of the Charter. 77. In so far as proving a violation of Articles 2 and 3 of the Charter is concerned, the Court observes that in George Maili Kemboge v. United Republic of Tanzania, it reiterated that “[g]eneral statements to the effect that [a] right has been violated are not enough. More substantiation is required.”20 Any alleged violation of Articles 2 and 3 of the Charter, therefore, must be accompanied by adequate evidence to substantiate the allegation.21 African Commission on Human and Peoples’ Rights v. Republic of Kenya (merits) (26 May 2017) 2 AfCLR 9, §§ 137-138. 20 (merits) (11 May 2018) 2 AfCLR 369, § 51. 21 Minani Evarist v. United Republic of Tanzania (merits) (21 September 2018) 2 AfCLR 402, § 75. 19 21

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