AC
African Commission on
Human and Peoples' Ri9hts.
Human Rights our
Collective Responsibility
.and equipment
maliciously damaged, stock
belongings stolen from the Victim's
and personal
I
I
human rights violations are
117. The Complainant argues that
can
be held responsible at an
perpetuated by private actors, the
itself, but due to the failure to
international level, not because of the I
exercise due diligence to prevent the
'.LU".LV.L
or respond to it as required
contends that present
by the African Charter. The
Communication, the consistent failure
the Respondent State to enforce
the Victim and his family
the court orders which would have
their
, amounts to a
peaceful, and undisturbed
violation of Article 18 of the African
.L
....
Alleged violation of Article 1 of the
118. The Complainant submits
mandates States to recognize
therein and to adopt
Complainant refers to the',,,u'_'-.L,nvJ
Victims of Post Electoral
that:42
in Association of
where it held
fl'WI,(rWlIln
}.t·:'"
"negative obligation of doing
the positive obligation of the
these rights.
The respect for
nothing to
State to
,., contends that the failure of the
119. In this context, the
his family and his employees from
Respondent State-to ;protect the ,
the ni"~ .plence of 'Sf~t~,;'El:ctors(;:;yOuth tia and ruling party supporters
, iolation "'6ffAr:£lcl~"l of
African Charter.
. sions on the
Alleged violati """,
of Article 2 of the Mric
Charter
120. The Respdlt:nt
State submits thatl to understand issues surrounding
the events between the periods of 2000 rO 2005, it is necessary to delve into
the historical background of Zimbab'fe. In this regard the Respondent
State submits that land was one of the major reasons for waging war
against ~he colonial ?ower~ and those th? .sou~ht to perpetuate its legacy. ._
It submits that the first Chimurenga (uprising) m 1893 to 1896 was fO%fl~M;-~~
to restore land seized from blacks itt 1890, in same manner, th~g:l'.iAR%;I\tD:~;
I
42
Communication
Cameroon para 88.
272/03 - Association of Victims
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