Article 2 of the Charter is imperative for the respect and enjoyment of
all other rights and freedoms protected in the Charter. The provision
strictly proscribes any distinction, exclusion or preference made on the
basis of race, colour, sex, religion, political opinion, national extraction
or social origin, which has the effect of nullifying or impairing equality
of opportunity or treatment.
… The scope of the right to non-discrimination extends beyond the right
to equal treatment by the law and also has practical dimension in that
individuals should in fact be able to enjoy the rights enshrined in the
Charter without distinction of any kind relating to their race, colour, sex,
religion, political opinion, national extraction or social origin, or any
other status.
110. In so far as proving a violation of Articles 2 of the Charter is concerned, the
Court observes that in George Maili Kemboge v. United Republic of
Tanzania, that “[g]eneral statements to the effect that [a] right has been
violated are not enough. More substantiation is required.”43 Any alleged
violation of Articles 2 of the Charter, therefore, must be backed by adequate
evidence to substantiate the allegation.44
111. In the present Application, the Court finds that the Applicants make a
general averment without offering any proof to substantiate their allegations.
Resultantly, the Court dismisses their allegations of a violation of the right
to non-discrimination protected under Article 2 of the Charter.
E. Alleged violation of the right to equality and equal protection of the law
112. In the their Reply to the Respondent State’s Response, the Applicants pray
that the Court find that the Respondent State “did violate the Applicants’
rights provided under Article 3 of the African Charter on Human and Peoples’
Rights.” Apart from this general allegation, however, the Applicants offer no
43
44
(merits) (11 May 2018) 2 AfCLR 369, § 51.
Minani Evarist v. United Republic of Tanzania (merits) (21 September 2018) 1 AfCLR 402, § 75.
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