. :CHP:
'
AC H P R
African Commission on
Human and Peoples' Rights
Human Rights our
Collective Responsibility
1 10.
Furthermore, the Complainant faced allegations of being a British or
Israeli spy solely based on his part-Polish heritage, with no substantial evidence
to substantiate these claims. The treatment of the Complainant, grounded in
ethnic stereotypes rather than factual evidence, exemplifies a discriminatory
practice that infringes upon the right to freedom from discrimination. In the
case of Union Interafricaine des Droits de ['Homme et a l. v. Angola, the
Commission emphasized the duty of State Parties to ensure that all individuals
within their jurisdiction, whether citizens or non-citizens are entitled to the
rights guaranteed in the Charter, regardless of their origin. 26
1 1 1.
The Commission asserts that the utilization of derogatory language
aimed at the Complainant's ethnic heritage not only heightened the
discrimination but also played a role in the mistreatment he experienced. These
baseless suspicions and actions, devoid of factual and legal support, resulted
in unjust conduct infringing upon his entitlement to be treated without
discrimination.
1 12.
Therefore, considering the lack of submissions to the contrary by the
Respondent State, it can be concluded that there is a violation of Article 2 of the
African Charter, particularly as the outlined criteria for discrimination have
been met without rebuttal.
Alleged violation ofArticle 5 of the African Charter (Right to dignity and prohibition
from Torture and ill-treatment
1 13.
Article 5 of the African Charter stipulates that every person:
11
shall have the right to respect the dignihJ inherent in a human being and to
recognize his legal status. All forms of exploitation and degradation
. . .
26 Communication 1 59/96: Union lnterafricaine des Droits de l'Homme et al. v. Angola, para 18
25
AJ1 Organ of ltie
r:J�
AfriQan
Union ,m':I.
African Commissio
31 Bijilo Ann
Email: au-banjul@afnca-union.org
https:/achpr.au.int/0 0 a