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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