State failed to take adequate measures to enforce domestic legislation and
its obligations under the Bamako Convention prohibiting the import and
dumping of toxic waste.
126. Finally, the Applicants submit that the lack of appropriate preventive,
investigative, punitive and remedial measures constitute a violation of the
right to life in the present case.
*
127. The Respondent State did not submit on this point.
***
128. Article 4 of the Charter stipulates that:
Human beings are inviolable. Every human being shall be entitled to
respect for his life and the integrity of his person. No one may be
arbitrarily deprived of this right.”
129. The Court recalls, in line with its jurisprudence, that the right to life is the
bedrock of all other rights and freedoms.30 It follows that to deprive a person
of life is to violate the very basis of these rights and freedoms. It is important
to recall in this respect that, unlike other human rights instruments, Article 4
of the Charter establishes a connection between the right to life and the
inviolability and integrity of the human person. The Court considers that this
framing of the right to life reflects the correlation between these two rights. 31
130. The Court observes that African States recognize the potential impact of
toxic waste importation and dumping on human life. This recognition is
expressed, in the most solemn terms in the preamble to the Bamako
African Commission on Human and Peoples’ Rights v. Republic of Kenya (merits) (26 May 2017) 2
AfCLR, §§ 94-152
31 Idem, § 70. See also, Human Rights Committee: “The right to life, liberty and security of the person”.
Comment No. 36 § 2.
30
32