(:1;:').ACHPR , 'JU!f~.1 African Commission on ,u:o:n> ' Human Rights our Collective Responsibility Human and Peoples' Rights population of a state that historically inhabited and is associated to a particular region or territory within the state and such a sub-national group constitutes a subject of the peoples' rights of the Charter, 237. In the present case, the Nuba constitute a section of the population of Sudan. The Complainants argued that the Nuba are distinct people living in their own historic territory", which is the Nuba Mountains in South Kordofan. It was submitted that they are made up of ethnically and religiously diverse tribes who share" a common identity as 'Nuba' through their shared mountain homeland, common culture and traditions, and a history of shared oppression." The classification of the Nuba as a people, the Complainants submitted, is also supported by the identification of the Nuba by others, and the consequences such identification entails for individual Nuba in relation to non-Nuba. 1/ 238. Clearly, while the Nuba people do not constitute a single ethnic or religious group, they possess a shared common identity by virtue of, among others, a common territory that they historically inhabited and a sense of belonging they fostered by living together in their shared historical territory, the Nuba mountains. This sense of common identity has been further reinforced by the shared experience of discrimination and violations that the people of Nuba have been subjected to. Following the recognition, in Katangese People IS Congress v Zaire and SERAC and other v. Nigeria, of the application of peoples' rights of the Charter to people from particular territory of a state, the Commission thus finds that the Nuba are people for purposes of peoples' rights of the African Charter. Alleged violation of Articles 19 of the African Charter 239. As noted above one of the violations alleged by the complainants concerns Article 19 of the Charter. Article 19 of the African Charter provides that [aJll peoples shall be equal; they shall enjoy the same respect and shall have the same rights. Nothing shall justify the domination of a people by another." 1/ 240. From the Complainants' arguments, it is claimed that the Nuba have historically been regarded as second-class citizens by the dominant classes of Sudan and have historically been vulnerable to marginalization. They have also been victims of group-targeted violence, particularly during civil wars in South Kordofan in the mid-1980s and throughout the 1990s.And that Sudan has a history of discrimination in the provision of education and development to this group. 241. All Or9.n 'l[ \h~ AfriGan Cl.)) Union .;7.