224. The Complainant alleged that the violations were committed by government forces, and by an Arab militia, the Janjaweed, against victims of black African tribes. The attacks and forced displacement of Darfurian people denied them the opportunity to engage in economic, social and cultural activities. The displacement interfered with the right to education for their children and pursuit of other activities. Instead of deploying its resources to address the marginalisation in the Darfur, which was the main cause of the conflict, the Respondent State instead unleashed a punitive military campaign which constituted a massive violation of not only the economic social and cultural rights, but other individual rights of the Darfurian people. Based on the analysis hereinabove, concerning the nature and magnitude of the violations, the Commission finds that the Respondent State is in violation of 22 of the Africa Charter. 225. In Conclusion, the Commission would like to address the Complainant’s prayer that the Commission draws the attention of the Assembly of the Africa Union to the serious and massive violations of human and peoples’ rights in the Darfur, so that the Assembly may request an in-depth study of the situation. The Commission wishes to state that it undertook a fact finding mission to the Darfur suo motu, in July 2004. Its findings and recommendations were sent to the Respondent State and the African Union. The Commission has continued to monitor the human rights situation in the Darfur through its country and thematic rapporteurs and has presented reports on the same to each Ordinary Session of the Commission, which are in turn presented to the Assembly of the African Union. 226. The African Union has deployed its peacekeepers together with the United Nations under the UNAMID hybrid force. In the Commission view, these measures constitute what would most likely ensue, if an in-depth study were undertaken underArticle 58. The request by the Complainant would have been appropriate had no action been taken by the African Commission or the organs of the African Union. 227. The African Commission concludes further that Article 1 of the African Charter imposes a general obligation on all State parties to recognise the rights enshrined therein and requires them to adopt measures to give effect to those rights. As such any finding of violation of those rights constitutes violation of Article 1. Holding 228. Based on the above reasoning, the African Commission holds that the Respondent State, the Republic of The Sudan, has violated Articles 1, 4, 5, 6, 7(1), 12 (1) and (2), 14, 16, 18(1) and 22 of the African Charter. 229. The African Commission recommends that the Respondent State should take all necessary and urgent measures to ensure protection of victims of human rights violations in the Darfur Region, including to: 1. conduct effective official investigations into the abuses, committed by members of military forces, i.e. ground and air forces, armed groups and the Janjaweed militia for their role in the Darfur; 2. undertake major reforms of its legislative and judicial framework in order to handle cases of serious and massive human rights violations; 3. take steps to prosecute those responsible for the human rights violations, including murder, rape, arson and destruction of property; 4. take measures to ensure that the victims of human rights abuses are given effective remedies, including restitution and compensation; 5. rehabilitate economic and social infrastructure, such as education, health, water, and agricultural services, in the Darfur provinces in order to provide conditions for return in safety and dignity for the IDPs and Refugees; 6. establish a National Reconciliation Forum to address the long-term sources of conflict, equitable allocation of national resources to the various provinces, including affirmative action for Darfur, resolve issues of land, grazing and water rights, including destocking of livestock;

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