Human Rights our
Collective Responsibility
246. With regard to the Respondent State's alleged violation of this article, the
Complainants submitted that the scale of the human rights violations committed
by the Respondent State's forces against the Nuba people threatens their existence
as a people in violation of Article 20.
247. In the 2005 Report of the African Commission Working Group of Experts on
Indigenous Populations/Communities to the UN Commission on Human Rights
Working Group on Minorities, the African Commission noted that dispossession
of indigenous peoples of their land, in addition to discriminating against them and
denying them their rights denies them their r£ght to existence and selfdetermina tion.87
248. The Commission agrees with the Complainants that the indiscriminate
bombing campaign undertaken by the Respondent State's forces against rebel held
areas in the Nuba Mountains invariably forced the Nuba people living in the Nuba
Mountains off their land. The Commission finds that the Nuba people have been
subjected to extrajudicial killings, enforced disappearances, torture and other
violations. The resulting loss of life, destruction. of property and forced
displacement threatens the existence of the Nuba as a distinct people. The
Commission thus finds a violation of the right to existence of the Nuba under
Article 20 of the Charter.
Alleged violation of Articles 21 (1)(2) the African Charter
249. The other rights allegedly violated are those under Article 21 of the Charter.
Article 21(1) of the African Charter stipulates that l/[aJll peoples shall freely dispose of
their wealth and natural resources. This right shall be exercised in the exclusive interest of
the people. In no case shall a people be deprived of it." Sub-article (2) provides that [iJn
case of spoliation the dispossessed people shall have the right to the lawful recovery of its
properbj as well as to an adequate compensation."
1/
250. With regard to the alleged violation of Article 21(1) of the African Charter, the
Commission also finds that the destruction of thousands of homes and cultivated
land in the Nuba Mountains has effectively denied the inhabitants their right to
freely dispose of their wealth.
251. The Respondent State's bombing campaign has left large expanse of arable land
unfit for cultivation and driven survivors to refugee camps and other places to seek
refuge. The effect of this unwarranted dispersal has made it impossible for the
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