VII: Collective harm
50. State Parties have an obligation to provide redress for collective
harm. While violations of torture and other ill-treatment are
essentially perpetrated against individual persons, they may
nevertheless also be directed against and impact upon groups of
persons who are targeted collectively.
51. Collective harm may be identified in respect of torture and other illtreatment perpetrated on structurally disadvantaged, persecuted,
marginalised or otherwise discriminated groups; groups of people
that have suffered individually, but because of their common
experience, may have developed a common identity; a particular
community that self-defines or self-identifies as a collective; a
collective occupying a shared geographic area; or persons who
may have been subjected to torture and other ill-treatment in a
manner that constitutes a violation of their other collective rights,
including peoples’ rights as enshrined under the African Charter.
52. State Parties are required to conduct full assessments of the nature
of harm and the extent of its effects as well as the specific needs of
the collective and design respective redress measures accordingly.
In providing reparation for collective harm, State Parties shall
determine the appropriate form(s) and content of reparation by
following a process that is sensitive to the collective harm suffered.
Victims who are part of a collective may have varying opinions
and needs on the nature or form of the reparation they seek. State
Parties shall ensure that there is full and informed participation
of the collective in the reparation process, and special measures
may need to be taken to ensure that the voices of the most at risk
members of the collective can be heard and taken into account.
53. State Parties shall also take into account that inequalities within the
collective may have an impact on victim participation. Even where
victims have been provided with space to participate, there is no
guarantee that all individual members of a collective have equal
levels of influence.
54. Collective reparation, particularly when it seeks to redress the most
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