activities of a petroleum consortium in Southern Nigeria by re-affirming that the African Charter was
creating a certain number of obligations for the States Parties which include, in particular, << the
responsibility of respecting, protecting, promoting and implementing 7 >> the rights which it sets out before
specifying that << the Governments have a responsibility to protect their citizens, not only by adopting
appropriate legislation and by applying them effectively, but also by protecting the said citizens from
harmful activities which can be perpetrated by private parties. This responsibility requires positive action on
their part >>.
iii. That the interpretation by the Commission of Article 1 of the African Charter can be compared with that
of the United Nations Human Rights Commission on Article 2
×
1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals
within its territory and subject to its jurisdiction the rights recognized in the present Covenant,
without distinction of any kind, such as race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status.
2. Where not already provided for by existing legislative or other measures, each State Party to the
present Covenant undertakes to take necessary steps, in accordadnce with its constitutional
processes and with the provisions of the present Covenant, to adopt such laws or other measures
as may be necessary to give effect to the rights recognized in the present Covenant.
3. Each State Party to the present Covenant undertakes: [list=a]
4. To ensure that any person whose rights or freedoms as herein recognized are violated shall have
an effective remedy, notwithstanding that the violation has been committed by persons acting in an
official capacity;
5. To ensure that any person claiming such a remedy shall have his right thereto determined by
competent judicial, administrative or legislative authorities, or by any other competent authority
provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
6. To ensure that the competent authorities shall enforce such remedies when granted.
http://www2.ohchr.org/english/law/ccpr.htm accessed 25.10.2010
of the International Convention on Civil and Political Rights ([ICCPR])8 , interpretation in which the [HRC]
affirms that the provision contained in Article 2
×
1. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals
within its territory and subject to its jurisdiction the rights recognized in the present Covenant,
without distinction of any kind, such as race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status.
2. Where not already provided for by existing legislative or other measures, each State Party to the
present Covenant undertakes to take necessary steps, in accordadnce with its constitutional
processes and with the provisions of the present Covenant, to adopt such laws or other measures
as may be necessary to give effect to the rights recognized in the present Covenant.
3. Each State Party to the present Covenant undertakes: [list=a]
4. To ensure that any person whose rights or freedoms as herein recognized are violated shall have
an effective remedy, notwithstanding that the violation has been committed by persons acting in an
official capacity;
5. To ensure that any person claiming such a remedy shall have his right thereto determined by
competent judicial, administrative or legislative authorities, or by any other competent authority
provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
6. To ensure that the competent authorities shall enforce such remedies when granted.
http://www2.ohchr.org/english/law/ccpr.htm accessed 25.10.2010
embraced an obligation of << absolute character >> with << effect immediate >>9 requiring the States
Parties to << take legislative, judicial, administrative, educational and other appropriate measures to fulfill
their obligations >>10
7