ACHPR
African Commission on
Human and Peoples' Rights
the individual's right to be left alone and to live in peace
not.68
Human Rights our
Collective Hesponsibltitv
whether under a roof or
193. In General Comment No. 19 on the Protection of the Family, the Right to Marriage
and Equality of the Spouses made under Article 23 of the International Covenant on
Civil and Political Rights, the UN Human Rights Committee clarified the
obligation of the State to adopt legislative, administrative and other measures to
protect the family and to avoid any action that will negatively affect the family
unit, including the arbitrary separation of family members and involuntary
displacement of families.s?
194. This Commission cites with approval its decision inthe SudanrHuma'lj.<ights
Organisation case/" and in Union inter Africaine des droiis de l'Homine, Federation
Internationale des Ligues des droits de l'Homme and others v.o:*ngola/1 were the
Commission found that massive forced expulsion - whether in peace time or war
time - of populations has a negative effect on the enjoyment of the right to family
life. In both cases, the Commission noted that the Respondent State had violated
Article 18(1) of the African Charter by separating families.
195. In the present case, it is the Commission's opinion that the destruction of
civilian residences had the same: effect of destroying family life and separating
family due to the ensuing displacement and dispersal of families. It is reported by
notable humanitarian actors including~he UN that a majority of those affected by
the forced displacement are women and children, including thousands of children
of school age from Abu Kershola and surrounding villages in South Kordofan and
Blue Nile.
196. The Commission finds that the natural negative effect of the forced
displacement of civilians from civil centres and structures and the continued
impact of the conflict in areas habited by civilians is the unwarranted separation
of families and the violation of the peaceful and quiet enjoyment of family and civil
life. The Commission finds that the forced displacement of civilians in both South
Kordofan and Blue Nile constituted a violation of Article 18(1) of the African
Charter.
An Organ of the
AfriQan ((~))
Union ~~;lrv.