. :e~: - ··. ACH PR ' African Commission on Human and Peoples' Rights Human Rights our Collective Responsibility submissions on the matter, The Commission therefore will not consider those conditions for the encroachment of property. 195. Based on the above, the Commission concludes that Article 14 of the African Charter has been violated due to the fact that the disputed lands have been affected without prior consultation and consent of the Maasai of Kedong, The alleged violation of right to life 196, Article 4 of the African Charter provides that "[t]he human life is inviolable. Every human being has the right to respect for his life and to the integrity of his person. No one can be arbitrarily deprived of this right. 197. The Commission, in its General Comment on Article 4 of the African Charter, considers that the prohibition of arbitrary deprivation of life is of cogent nature, and ought not be interpreted restrictively, since in order to guarantee a dignified life for all, the right to life requires the realisation of all the human rights recognised in the African Charter, including civil, political, economic, social and cultural rights and the rights of peoples, including the right to peace. 198. From the above, the Commission is of the view that States have the responsibility under the African Charter to respect, protect, promote and realise the right to life, as well as to adopt measures to prevent arbitrary deprivations of life and to carry out prompt, impartial, thorough and transparent investigations into violations of the right to life committed, holding the perpetrators accountable.61 199. In line with a holistic view of the right to life, the Commission considered the right to food, in the sense of a source of food for the victims62, the right to water63, considering its essentiality for human existence, flow from the right to life. 200. In the present case, a reading of Article 4 of the African Charter includes the specific living conditions of the Maasai of Kedong, a pastoral community whose way of life is closely linked to their lands which they use for various purposes, including economic, cultural and religious purposes, the burial of their dead and the practice of acts of initiation such as circumcision. 61 C.,neral Comment No. 3, para. A (5) - (7). Gener.ii Comment No. 3 on the African Charter African Charter on Human and Peoples' (Article 4), adopted during the 57th Ordinary Session of the African Commission on Human and Peoples' Rights held from 4 to 1 Gdlnbi,1, 62 155/ 96 Social and Economic Rights Action Center (SERAQ and Center for Economic and Socidl Rights (CESR) v. Nigeria, para. 63 Press release on the situation of the Bushmen in the Central Kal,,hari Game Reserve in Botswana. T DES

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