",CHP" ACHPR African Commission on Human and Peoples' Rights Human Rights our Collective Responsibility 162. Associating with the facts, the Complainants submitted that the Respondent State breached its duty to give effect to the rights guaranteed in the Charter as set out in the analysis of the violations regarding Articles 2, 3, 5, 9(2), 11, 18(3) and 26 above. They alleged that the agents of the State were directly responsible for engaging in discrimination and torture against the victims, subjecting them to violence, including sexual violence, and failing to undertake an adequate investigation into, or prosecution of the violations, therefore preventing the Complainants from accessing an appropriate remedy and that the criminal laws of the Respondent State failed to protect the Complainan tS.143 163. The Complainants also citing Dawda Jawara v. The Gambia, 144 submitted that as Commission consistently concluded in several of its decisions that a violation of any provision of the Charter automatically means a violation of Article 1, hence, if a State Party to the Charter fails to recognise the provisions of the same, there is no doubt that it violates this Article. THE COMMISSION'S ANALYSIS OF THE MERITS 164. In this Communication, the Commission is called upon to determine whether the Respondent's State alleged failure to protect the Victims from the alleged acts or omissions is a violation of their rights under the African Charter; specifically Articles I, 2,3, 5, 9(2), 11, 18(3) and 26. 165. In determining this issue as per each allegation, Articles 2 and 18(3) will be considered together, given that both address an element of discrimination. Article 1of the African Charter will be dealt with after all the other Articles have been analysed since a violation of Article 1can only be established if other Articles in the Charter have been violated, quite a usual drift in the Commission's practices. Violation of Article 2: The Right Against Discrimination, Non-discrimination and Article 18(3): The Right of Against Women 166. Article 2 provides that "Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, colour, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or another status. " 143 See, Paragraph 223 of the Complainants written Submission on Merits 144 Comm. Nos. 147/95 and 149/96, para 46 381 P age ~'I'''' African? ;, Union\ i