interference by third parties as well as its own agents. This obligation is also
reflected in the Commission's Resolution= which states that the States have
obligation to respect and protect 'against any form of encroachment', and to 'refrain
from and prevent forced evictions, including by private actors. It also prohibits
States 'from interfering arbitrarily in the enjoyment of property rights, including
expropriation without legal grounds or which is not performed in the public
interest.
180.
In this regard, in Zimbabwe Human Rights NGO Forum/Zimbabuiev
the
Commission noted that an act by a private individual or [non-state actor] and
therefore not directly imputable to a State, can generate responsibility of the State,
not because of the act itself, but because of the lack of due diligence on the part of
the State to prevent the violation or for not taking the necessary steps to provide the
victims with reparation.
181.
In Sudan Human Rights Organisation & Centr,~/\qllHousing Rights and Evictions
(COHRE) / Sudan, the property of the victims Had been destroyed by the State's
military forces and armed groups, acting on their own, or believed to be supported
by the Respondent State. The Commission found the RespondentState in violation
of Article 14 because the State could not prove that it-refrained from the eviction, or
demolition of victims' houses and other property, since it had not taken steps to
protect the victims from the constant attacks and b9:mbings, and the rampaging
attacks by the Janjaweed militia. The Commission stated that the fact that that the'
victims could not derive their livelihood' from the land they possessed for
generations meant th~Y;?l:1adbeen deprived of .the use of their property under
conditions which are not permitted by Article 1454.
182.
Regarding the second aspect of the Complainants' claim that the seizure of their
lawyer's Passport violated his right to property, the Commission notes that the
Passports and Immigration Act, 2011 of South Sudan gives the Directorate of
Nationality, Passports. ~I1d Immigration under the directives of the Minister of
Interior, authority to issue, cancel; or withdraw Passports, howbeit, in line with
prescribed Regulations. The Commission is therefore of the view that although the
aforementioned Act does not specifically mention so, under the law of most
countries, passports are government property, given that they are governmentissued, and may therefore be limited or revoked at any time, usually on specified
grounds, and possibly subject to judicial review.
183.
52 ACHPRI
Res.23I , Resolution on the right to adequate housing and protection from forced evictions, adopted 22
October 2012.
53 Communication
245/2002, Zimbabwe Human Rights NGO Forum/Zimbabwe, paras 135. 143, and 160.
54 Communication
279/03-296/05, paras 194 and 205
ir- Ordinary Session of the ACHrR
33