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Human and Peoples· Rights
Human Rights our
Collective Responsibility
On reparations
216. The Commission reiterates that it emanates from Article 1 of the African Charter
that there is a duty to provide reparation whenever a State Party violates the rights of
individuals and thereby causes them harm69. The Commission notes that in the
present case, it has found a violation of Articles 4, 14, 20 and 22 of the African Charter.
217. In EI-Sharkawi v. Egypt, the Commission found that full and effective remedies
include restitution, compensation, rehabilitation , satisfaction, and guarantees of nonrepetition , and compensation for any economically assessable harm, such as physical
or mental harm; lost opportunities, including employment, education, and social
benefits; property damage and loss of earnings, including loss of earning potential;
moral damage; and costs necessary for legal or specialized assistance, medicine and
medical services, and psychological and social services.70
218. In the present case, the Complainants, in addition to the general request to the
Commission to order any other remedies that it deems appropriate, specifically
request that the Commission to order: (a) the cessation of all activities or acts
affecting the property of the Maasai in the Kedong ancestral lands by the Respondent
State, (b) the payment of reparations for damages caused, (c) the payment of
expenses for this Communication, (d) apologizing. These types of remedies
requested by the Complainant are considered below.
a) On the request for cessation of all activities on the ancestral lands of
the Maasai of Kedong by the Respondent State
219. The Commission notes that the Complainants request that the Respondent State
be ordered to cease all activities on the ancestral lands of the Maasai of Kedong,
including refraining from any act of eviction or acts of criminalization of pastoralism on
the claimed lands. The Commission notes that the natural remedy for the violation of
the Maasai Kedong ' right to property over their ancestral lands under Article 14 of the
African Charter is the cessation of the violations and the restoration of the situation
that would have existed if there had not been the violation, i.e., restitution.
69 Communi<:otion No 318/06-Open Sodcly Ju•tice Initiative v. Cote d'Ivoire (2015) ACHPR, for 198.
70 Communication No. 396/11 - El-Sharkawi v. RepubUc of Egypl (ACHPR) (2000), paro. 344.