..;:- ....
CHP
African Commission on
Human and Peoples' Hiqhts
Human Rights our
Collective Responsibility
lainants' claim on how they occupied
were living."60This aligns with the
the property.
211. The situation of the Complainants c:ppmlc: precarious. They have argued that if
they are evicted from the property by
owners, they have nowhere else to go
and will, in the process, be rendered
. That having entered upon the
Property at the instance of the
, the threat of homelessness they
face is not being addressed with the
that it deserves.
bligations to fulfil the
principles of margin
of rights and
212.The Respondent State has argued that
right to housing, the Commission must
of appreciation, subsidiarity, pro
proportionality.
213. The African Commission recalls its u",~a"'~',n
with regard to the margin of
subsidiarity. The Commission'
competence and duty of the,',
and peoples' rights within its
214. As a regional body, ' '
local courts in
why the
to impose
remedies.
interpreta
better situated than
the two principles in the Prince case
to monitor and oversee the
. While the doctrines of margin of
the primary responsibility of States
peoples' rights domestically, they do
assist, supervise and insist upon
of the African Charter where
do not advocate for a hands-off
on the mere assertation by the
nrocecures meet more than the minimum
U'-',>HJ.LL
First Submission on Merits on behalf of the Republic
Prince v South Africa (n 22 above) para 52.
62 Prince v South Africa (n 22 above) para 52.
63 Prince v South Africa (n 22 above) para 53.
60
61
South Africa para 5.29.