African Charter, this can constitute a violation, even if the state or its agents
are not the immediate cause of the violation.”
142.
The African Commission also notes its decision in the case of Amnesty
International v Sudan, where it stated that “ratification obliges a state to
diligently undertake the harmonization of its legislation to the provisions of
the ratified instrument.”34 It further stated that “article 1 of the Charter
confirms that the government has bound itself legally to respect the rights
AC
HP
R
and freedoms enshrined in the Charter and to adopt legislation to give effect
to them.”35
143.
The African Commission is of the opinion that the existing legislation (at
the time of the submissions) in the Respondent State is contrary to the spirit
of Article 1 as it does not ensure that there is compensatory damages to give
just satisfaction to victims of wrongful death particularly close family and
relatives who are bereaved because of such deaths.
Decision of the African Commission on Merits
144.
In view of the above, the African Commission finds that the
Respondent State is in violation of Articles 1 and 4 of the African Charter.
Recommendations
145.
The African Commission recommends that the Respondent State
should:
(a) Undertake law reform to bring domestic laws on compensation in case of
wrongful killings into conformity with the African Charter and other
34Communication
35
Id, para 42
48/90, 50/91, 89/9, para 40
40