decentralized, each State Government is charged with the management and
administration of land within its jurisdiction for the benefit of the people of
Southern Sudan... and such management responsibilities are assigned to its
concerned Ministry at the State level, County Land Authority, and Payam Land
Council. Thus, it is not within the competence or jurisdiction of the army or the
police to involve in land administration.
120. They support their argument by referring to Principles and Guidelines on the
implementation of economic, social and cultural rights in the African Charter on
human and peoples' rights, number 55 (a): provides that, parties have the obligation
to ensure peaceful enjoyment of property and protection from forced eviction. This
obligation implies that the State shall protect the enjoyment in all its forms, from
interference by third parties as well as its own agents.
121. The Complainants aver that the actions of the Respondent States army and
police violate Article 14 of the Charter. The Complainants. also aver that the seizure
of the passport constitutes a prima facie violation "ofArticle~4 oftn~;(£;harter.,
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Alleged violation of the right to health, right to family
discrimination against women (Article 16(1), 18(1&3)
and ':protection from
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122. The Complainants submit that by intruding their house with heavily armed 14
military police soldiers in a combat-like s,iruation, and forcefully chasing everyone
away from the home, including children, and making them homeless, the soldiers
created intentional anguishes onthe complainants with full impunity. These actions
by the soldiers and the police severely damaged t1j..~physical health and the moral
of the family of the complainants.'
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123. They state that the family is the natural and fundamental unit of society and
shall be protected by law. It is the right and duty of parents to care for and bring up
their children (Article 39 (1) & (3) of the Constitution). They aver that agents of the
ResPQn9:~ntState fiercely invaded the family of the complainants and shuttered its
union, which is a fundamental unit of the society of South Sudan. Such intolerable
and emotional pains were noticed by the Respondent State when the complainants
were seeking q,pgent jnt~xyention and law and order, but the Respondent State
aggravated the pain byfdeliberately ignoring their plea for help and justice. The
complainants aver that these constitute violations of Article 16 (1) and 18 (1) & (3) of
the African Charter.
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Alleged relegation of the respondent State in its duty to promote and e
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teaching, educat~on and publication, the respect of the rights and freed~ •. "'co;" " , 'n (',\
the Charter (Article 25)
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124. The Complainants submit that the Respondent State has not co - ~
witlll!.tth.0,.~
provisions of Article 25 of the Charter since becoming a state party. Tl{~~'WYeoQt>"(v.
the Complainants is a NELGA trained researcher. NELGA is a creati . :"r",l'·'K'frl~'a.n'"
"I>!v ff, r'
Land Policy' Centre (Land Policy Initiative), mandated to spear e d the
implementation of the African Union's Agenda on Land. The Complainants lawyer,
with experience in land governance research, has noted so many similar violent
occupation and eviction by the members of the army that largely go with impunity.
77th
Ordinary Session of the ACHPR
22