,:~~ .. ACHPR I ;' {ID:rW,.. African Commission on Human and Peoples' Rights effective remedies, the Commission provision of Article 3(2). Human Rights our Collective Responsibility finds that the Respondent State violated the Alleged violation of Article 1 of the African Charter 263. Based on the foregoing, it is clear that the failure of the Respondent State to comply with its obligations under the various rights and freedoms enshrined in the Charter impinges on its obligation under Article 1 of the African Charter. 264. Article 1 of the African Charter provides that: The member states of the Organization of African Unity parties to the present Charter shall recognise the rights, duties and freedoms enshrined in this Charter and shall undertake to adopt legislative or other measures to give effect to them. 265. In Commission Nationale des Droits de l'Homme et des Libertes v Chad,91 the Commission noted that, under Article 1 of the African Charter, state parties undertake not only to recognise the rights, duties and freedoms adopted by the African Charter, but also to adopt measures to give effect to them. This suggests that should a state neglect to ensure the rights inthe African Charter, it will constitute a violation, even if the state or its agents are not the immediate cause of the violation. 266. In the same way, since the African Charter, unlike other human rights instruments, does not allow for state parties to derogate from their treaty obligations during emergency or conflict situations, the Commission finds that the non-compliance by the Respondent State with its obligations under the African Charter is a direct violation of Article 1. Notwithstanding the existence of armed conflict in South Kord~fan and Blue Nile, the human rights obligations of the Respondent State under Article 1 of the African Charter are not diminished. The Complainants' request for remedies and reparations 267. The Complainants have requested the Commission to treat the situation in South Kordofan and Blue Nile as a situation of emergency according to Rule 80 of the Commission's Rules of Procedure and to draw the attention of the Assembly of Heads of State and Government to the situation. 268. The conditions for treating a serious or massive human rights violations situation as a matter of emergency are stipulated in Article 58 of the African Charter. 9J (2000) AHRLR 66 (ACHPR 1995) paras 20-21. 54 lin Or9"" of Ihe African · nIt~"~' ) Uruon '''la/'. https:/achpr.au.intlO 0 a