126. For these reasons, the Commission is of the view that the actions of the Respondent State do not subject the Victims to discriminatory treatment, as the Victims are not in a similar position to either resident citizens or persons in government service. Alleged violation of Article 3 127. Article 3 of the African Charter states that (1) Every individual shall be equal before the law. (2) Every individual shall be entitled to equal protection of the law. 128. As earlier expressed, the right to non-discrimination and the right to equality are fundamental and form the basis for the protection of all other rights in the African Charter. These principles are so closely interlinked that it is hard to envisage a situation in which a violation of one principle does not result in a violation of the other. 129. The Human Rights Committee has however observed a distinction in the scope of these principles, noting that the principle of equality enshrined in Article 26 of the ICCPR does not merely replicate the prohibition of discrimination contained in Article 2. In this regard, it held that the right to equality is not limited to rights contained in the ICCPR, but has a wider scope that covers all matters regulated by the laws of the respective State.59 In essence, even when a domestic law regulates circumstances not covered or envisaged by the ICCPR, the right to equality as understood in Article 3 of the ICCPR nevertheless applies to that situation. 130. This identified difference in scope does not however materially manifest itself in this particular instance as the relevant laws of the Respondent State, its Constitution and Electoral Law, regulate rights also enshrined in the African Charter. In this regard, the Complainant argues that the laws of Zimbabwe do not equally protect all of its citizens, and that the failure of the Respondent State to adhere to the Provisional Measures issued is a violation of the right to equality. 131. In regard to Provisional Measures, the Commission wishes to reiterate that Provisional Measures are issued to prevent the possible occurrence of irreparable harm, which may render any final decision on the merits of the Communication ineffective. Provisional Measures are not to be interpreted as a decision or a prejudgment on the Merits of a Communication, such that the non-adherence or 59 Human Rights Committee, CCPR General Comment No. 18: Non-discrimination (Art. 2) (1989) para 12 32