104. Similarly, in the De Cubber vs Belgium27 , the European Court of Human Rights observed that its task
was to determine if the contracting States achieved the result required by the European Convention and
that its task was not to point out specifically the means used to arrive at that result.
105. Moreover, in the judgement pronounced on January 19th, 2009 in the case relating to the request for
interpretation of the judgement of March 31st, 2004, in the Avena case and other Mexican citizens (Mexico
vs the United States of America28 , the International Court of Justice which had been seized by Mexico for
the interpretation of paragraph 153 of the aforementioned judgement as imposing on the United States of
America an obligation of result, maintained that "It is true that the obligation enunciated in this paragraph is
an obligation of result which should manifestly be enforced unconditionally"29 .
106. Thus, the question that arises generally is to appreciate, on the one hand, the ultimate purpose or
objective of the rights prescribed by the African Charter on Human and People's Rights and on the other
hand, whether yes or no the obligation prescribed in Article 1 of the Charter seeks to attain a purpose, an
objective or to achieve a result through the provisions contained therein.
107. In the view of the Commission, the distinction between the obligation of diligence and that of result
should not make one lose sight of the fact that , all obligations contained in a Treaty, Convention or a
Charter seek to attain an objective, a purpose or a result. The Governments of the States Parties are linked
to the people living on their territory by a social contract consisting of ensuring the security and
guaranteeing the fundamental rights, including the right to life and respect for the physical and material
integrity of the citizens. Where the rights, responsibilities and freedoms recognized by the States Parties to
the Charter can hardly pose major problems, since these regulations are outlined in the Articles 2 to 29 of
the Charter and their recognition emanates from the will of the States themselves to ratify the Charter,
nonetheless this recognition ensues from the commitment made by these States to take tangible measures
capable of implementing the provisions prescribed by the Charter.
108. It is also important to clarify that the signature, acceptance and ratification by the States of the
provisions contained in the Charter, the preparation or the adoption of legal human rights instruments only
constitute, in themselves, the beginning of the indispensable exercise of promotion, protection and the
reparation of human and peoples' rights. The practical implementation of these legal instruments through
the State Institutions endowed with creditor, material and human resources, is also of considerable
importance. It is not enough to make do with taking measures, these measures should also be
accompanied with institutions that produce tangible results. Furthermore, the Periodic Report imposed on
the States Parties in the context of Article 62 of the African Charter is part of the procedure placed at the
disposal of the African Commission to verify the results obtained by the States regarding their commitment
as outlined in Article 1 of the said Charter.
109. Where it is true that the laws guaranteeing the rights and freedoms, those criminalizing the given facts
and providing for penalties against the perpetrators of the said facts, as well as the State institutions which
implement these instruments use the resources at the disposal of the citizens, it is also true that the
decisions of the Courts and Tribunals made in relation to the violations of these rights and the results of the
execution of the said decisions, contribute to restoring the rights of the victims.
110. It follows from the above that Article 1 of the African Charter imposes on the States Parties the
obligation of using the necessary diligence to implement the provisions prescribed by the Charter since the
said diligence has to evolve in relation to the time, space and circumstances, and has to be followed by
practical action on the ground in order to produce concrete results. Thus, in its decision on Communication
74/92, the Commission said that the Governments have the responsibility of protecting their citizens not
only through appropriate legislation and its effective enforcement but also by protecting them against
injurious acts which can be perpetrated by third parties.
111. In fact, in the Commission's view, it is an obligation of RESULT that Article 1 of the African Charter
imposes on the States Parties. In effect, each State has the obligation of guaranteeing the protection of the
human rights written in the Charter by adopting not only the means that the Charter itself prescribes, in
particular "all the necessary legislative measures for this purpose but in addition measures of their choice
that the Charter called for by Article 1 and it therefore defined as one of result".
112. In accordance with its traditional commitment to protect the rights guaranteed by the Charter, the State
Party is obliged to ensure the effective protection of human rights through out its territory. If this obligation
were that of an obligation of diligence the guaranteeing of human rights would be the object of legal
insecurity liable to release the State Parties to the human rights protection instruments from any
responsibility of effective protection. It is in taking into account the compelling nature of the protection of
human rights that the human rights instruments set up control institutions to ensure that the obligations
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