the respect of the dignity inherent in a human being and to the recognition of his legal status.
59. The forcible expulsion of Banda and Chinula by the Zambian government has forcibly broken up the
family unit which is the core of society thereby failing in its duties to protect and assist the family as
stipulated in Articles 18(1) and 18(2) of the Charter:
"The family shall be the natural unit and basic of society. It shall be protected by the State..." "The State
shall have the duty to assist the family which is the custodian of morals and traditional values recognised by
the community."
60. Article 7(1)(a) states that:
Every individual shall have the right to have his cause heard... ...(a) "the right to an appeal to competent
national organs against acts of violating his fundamental rights as recognised and guaranteed ...
61. The Zambia government by denying Mr Chinula the opportunity to appeal his deportation order has
deprived him of a right to fair hearing which contravenes all Zambian domestic laws and international
human rights laws.
Holding
For these reasons, the Commission
Holds a violation of Articles 2, 7(1)(a), 8, 9(2), 10, 18(1) and 18(2) of the Charter.
Bujumbura, 5th May 1999.
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