ACHP
African Commission on
Human and Peoples' Biqhts
Human Rights our
Collective Responsibility
pursued in measures of economic reform or measures designed to achieve
greater social justice, may call for less than reimbursement of the full
marketvalue".83
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225. Section 29C (1) of the Land ~cqUisition Act stipulates that
compensation shall only be payable for any improvements on or to the
land ... " and vests the responsibility to 90mpensate owners for the value of
their land on the former colonial power (the British Government). The
Commission considers that in applying the above reasoning of the ECtHR,
the Respondent State is clearly under no obligation to compensate the
Victim for the full market value of the land. However, the Commission
considers that taking into consideration the nature' of the Victim's
ownership (legitimate purchase), an ass:essmen~of compensation ought to
have taken into .consideration factors 1uc~ as: ~he hist9rtof ..~"Y~~f.ship,
use and occupation of the land, and any financial constraints wD!ch may
~::~sitate the payment of comp~at
in installments o~er a period of
II
226. The Respondent Slate ,may l~giJtelY
expropriate land for public
interest provided that it-complies with international principles guiding
such procedures. ~ key req~~r.e.me.~.t
·be~n.gJhatcompul~ory acquisitio~ of
property must be In accordance WIth the law.accompanied by appropnate
and timely compensation. The 'Gqmmi~sion notes that compensation was
not provided to the Victim for the' e~prJpriation of his property, and even
though the Respondent State concedes that the Victim is entitled to be
compensated for only the improvements on the land, its delay in doing so
and the. manner the land was taken, ambunts to a violation of Article 14 of
the Af~iG:ah-'Charter.
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Alleged Vi~la,tion of-Article 18 of the Afriean Charter
227.
Article'~;;;(3)of the~frican Charter Jrovides that:
The State shall ensure the elimination of every discrimination against women
and also ensure the protection of the r~ghts of the woman and the child as
stipulated in international declarations and conventions.
228. The Complainant avers that the Jvasion of the Victim's farm and
subsequent occupation led to his pregnant wife being held hostage in the
rain at machete point, and as a resultI she suffered a mis~ar~~-\lll,~
·aQe,.;."lRS: ....
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response, the Respondent State again denies complicity and c s.• WiJ~tha~}"VD ,0(.,
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-S3-(A-S -ab-o-v-e)-p-a-ra-5-4-;
P,-o-Y-m-e,-'K-ing of Greece
25701194 para 78.
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