ACHP
African Commission on
Human and Peoples' Rights
temporarily to Plot 41. They claimed
flooding not only created dangerously
gave rise to diseases and fatal
drowning of children. They further
Portion 41, they have no access to basic
They also argued that the Respondent's
address their housing crisis and living
their dignity as human beings.
Human Rights our
Collective Responsibility
overcrowding and regular
conditions for them, but also
including fire incidents and the
that despite having moved on to
by the Municipal government.
glect, failure or refusal to urgently
.tions on the Property impinges on
183. The Respondent State does not dispute
submissions. In fact, the Respondent Sta
the Property on which the
.
dangerous for human habitation."51
/I
184. Also, besides the communal HT<l,h"-"I7"im1~cI
seem to lack access to other
living. The Respondent
the applicants, but falls
specific services have
off basis.
VUOH"!j"""'''
they
-to-day
services to
u,,~.~,~
........
tion of what
185. Living in f-or....",nr"
challenges which
can make life ,t:>.v,('t:>r\T1C,n
basic services such as, for
can make life a living
example, ele9£!icity, transp
:Tt:>l"nlnnt:>,"\rC
have a responsibility to take
hell for the iresidents. As such,
,1"''''',(",0''
to the maximum extent possible
necessary me~~\lres using available
and homeless people have access to
to ensure thatsquatters, vulnerable,
ts such as electricity and sanitation
ba~icservices beYOBdcommunal.,~~ter
pen'
hen aaeqq'fl.t~;,h(?Y$~ngor ternative accommodation is made
avail
",\ \~?,'t;i;ii::;!lf! '
186. In this
vidence on the record that the applicants are being
provided
vices besides
water points on the property.
The non-pr<;:>:rision
of such other
basic services to the Complainants
will be contr%~x';tothe right of the
.
ts to live in dignity under the
African Chart~r.
187. In seeking to refute an allegation of
dignity, it is not sufficient for the .J_''-Ol-',,,,.J_
Complainants make no specific factual ""'~~'-Hright to respect for human dignity. As a
Respondent State has an obligation to
51
First Subm.ission on Merits on behalf of the Republic