substantiation as to how the Respondent State’s conduct violated their
rights under Article 3 of the Charter.
*
113. The Respondent State’s submissions did not address the Applicants’
allegations under Article 3 of the Charter.
***
114. Article 3 of the Charter provides that: “1. Every individual shall be equal
before the law; 2. Every individual shall be entitled to equal protection of the
law.”
115. In its jurisprudence, the Court has constantly reiterated that the onus is on
an Applicant alleging a violation of Article 3 to demonstrate how the
Respondent State’s conduct infringed the guarantees of equality and equal
protection of the law such as to justify a finding of a violation of the
provision.45
116. In the present case, the Applicants have made no effort to demonstrate how
the Respondent State violated Article 3 of the Charter but have instead
made a general averment. As the Court has constantly restated, general
allegations to the effect that a right has been violated are not sufficient to
found a violation.46
117. In the circumstances, the Court finds that the Respondent State has not
violated Article 3 of the Charter.
45
46
Thomas v. Tanzania (merits), supra, § 140.
Cheusi v. Tanzania (judgment), supra, 129.
30