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Human and Peoples' Rights
Human Rights our
Collective Responsibility
them, A reasonable inference suggests that the authorities' measures were designed to
punish, intimidate, and discourage the Victims from exercising their freedom of
expression and assembly, The measures were unnecessary to preserve national security,
disproportionate, and therefore amounted to a violation of Articles 9(2) and 11.
Violation of Article 1: Obligations of Member States
256. The Complainants allege that the Respondent State has violated Article 1 of the African
Charter. Article 1 of the African Charter provides that, "The Member States of the
Organization of African Unihj parties to the present Charter shall recognize the rights, duties
and freedoms enshrined in this Charter and shall undertake to adopt legislative or other measures
to give effect to them.
II
257. The Complainants submitted along The Social and Economic Rights Action Center (SERA C)
v. Nigeria211 that compliance with the Charter entails both negative and positive
obligations on the part of the State, stating further that the Charter recognises four levels
of duties for a State to abide by, namely, to respect, protect, promote, and fulfil the rights
of the Charter.
258.Unpacking the obligation to respect, the Complainant submitted that it entails that the
State should refrain from interfering in the enjoyment of all fundamental rights. The
Complainant further cited the Inter-American Court in Velasquez Rodriguez v
Honduraso? that -any exercise of public power that violates the rights recognized by
the Convention is illegal. Whenever a State organ, official or public entity violates one
of those rights, this constitutes a failure of the duty to respect the rights and freedoms
outlined in the Convention.213
259.The Complainants stated that the conclusion is independent of whether the organ or
official has contravened provisions of internal law or overstepped the limits of his
authority and that under international law, a State is responsible for the acts of its agents
undertaken in its official capacity and for their omissions, even when those agents act
outside the sphere of their authority or violate internallaw.214
2llComm. No. 155/96
2121ACtHR, Series C, No.4, Judgment of July 29, 1988, para 169
213ibid
214 Ibid, para 170
60 I P a g C
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