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Commission on
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Human and Peoples' Rights
Human Rights our
Collective Responsibility
during the war in Nuba Mountains in the early 1990s, and in particular slavery]
have a pronounced racial aspect, as the victims are exclusively southerners and
persons belonging to the indigenous tribes of the Nuba Mountains."
242. The Complainants submitted that many Nuba were forced into "peace camps
in government-controlled areas, and large tracts of emptied land were rapidly
incorporated into new commercial agricultural schemes." And that by the time the
warring parties agreed to a ceasefire in 2002, [T]he Nuba Mountains were largely
emptied of their population."
/I
243. The Complainants further submitted that eye-witness accounts show that
militias and government forces in South Kordofan killed individuals because they
belonged to the Nuba and, in the process, denied membe~s of the Nuba their
fundamental rights enshrined in the African Charter. For this reason, the
Complainants submitted that the Nuba cannot enjoy the same respect and the
same rights as others in Sudan in violation of Article 19.
244. The Commission finds that, with regard to the alleged violation of Article 19 of
the African Charter, the historical record of-the civil wars in Sudan and the specific
experience of the Nuba people in particular are such that discrimination and
violation of rights were perpetrated targeting specific group of people. Nuba
people as historically marginalized people and as one of the communities in Sudan
who were subjected to discrimination and violations including through state
policies have been deprived of their right under Article 19 to be equal, to enjoy the
same respect and to have the same rights. The Respondent State continues to
commit violations against the Nuba during the more recent conflict in South
Kordofan where serious and massive human rights violations have specifically
targeted the Nuba people. The Commission thus finds a violation of Article 19 of
the African Charter.
Alleged violation of Articles 20 the African Charter
245. The complainants also submitted that the acts of violence to which they were
subjected violated their rights to existence and self-determination under Article 20
of the Charter. Article 20(1) of the African Charter states that:
All peoples shall have right to existence. They shall have the unquestionable and
inalienable right to self-determination. They shall freely determine their political status
and shall pursue their economic and social development according to the policy they
have freely chosen.
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