D. Alleged violation of Article 1 of the Charter
126. Apart from generally asserting that the Respondent State has violated
Article 1 of the Charter, the Applicants did not make any specific
submissions under this head.
127. The Respondent State did not also specifically respond to the allegation of
a violation of Article 1 of the Charter save to deny the alleged violation.
***
128. The Court recalls that Article 1 of the Charter provides as follows:
The Member States of the Organisation of African Unity, parties to the
present Charter shall recognise the rights, duties and freedoms
enshrined in the Charter and shall undertake to adopt legislative or
other measures to give effect to them.
129. In respect of Article 1 of the Charter the Court has acknowledged that:
when the Court finds that any of the rights, duties and freedoms set out
in the Charter are curtailed, violated or not being achieved, this
necessarily means that the obligation set out under Article 1 of the
Charter has not been complied with and has been violated.37
130. Having found that the Respondent State has violated Article 13(1) of the
Charter, the Court holds that the Respondent State has also violated Article
1 of the Charter.
37
Alex Thomas v. Tanzania (merits), supra, § 135.
35