ACHPR
African Commission on
Human and Peoples' Hiqhts
Human Rights our
Collective Responsibility
there is no indication that the Complainant reported the incident to the
police.
I
The issue of State responsibility for ~he actions of non-state actors have
already been determined above. The (Commission has held in Zimbabwe
Human Rights' NCO Forum v. ZimbabwJ that the duty of the Respondent
State is in four-folds, it includes an obli~ation to respect, protect, promote
and fulfil human rights.84 The obligatipn to protect entails not only the
enactment of appropriate legislation afd effective enforcement, but also
the protection of all persons within its jurisdiction from damaging acts
229.
that may beperpetrated
by private inditidUalS.:,.
>,
'''::'l
230. As earlier noted, the due diligence stCl)-l9-ard':~ncompasses the
obligation to provide and enforce suffi~ient remecti.~~,/t~~s·Jn<;:l':l~e
!~ing
active steps to prosecute and punish prtvate actors w~g}nter£er~'S'ith the
rights protected under the African Charter. In the"'.:,pr~sentcase, the
Respondent State has not furnishetl any progress<:"!x'~port on its
investigation into the attaC~1.;,XYrjch
111egedly led to ti¥~ miscarriage
suffered by the Victim's, wife:iLAn I effective investigation must be
conducted promptly, and, capable bf::~eading to the identification and
punishment of those responsible. 86:At'mpst also identify the systematic
failures that led to the Yiolat1c)n;;.~~d
theln~¢e~~i~rymeasures to be adopted
to guarantee non-repetition.87 1'ge"Cotpmission therefore finds that the
failure to investigate and bring the''.,pe!petrators to justice violates Article
18 (1) and (3) of, the African Charter/cas the State failed in its duty to
protect the Victim's family, more: so 'as the ;attack followed the speech by
the P!;,;~t
inciting ~e criminal'ac~ Trpetrated on the Victim's land.
Alleged Violation .nf Article 1 of the African Charter
231. The ~~~PlainanicontendS that the ~ailure of the Respondent State to
protect the Victim, his family and em~loyees amounts to a violation of
Article 1of the African Charter.
232. The Commission has held that Arti~le 1 imposes a general obligation
on States to respect, protect and fulfil t~1erights enshrined in the African
Charter.v' In Commission Nationale des Droiis de l'Homme et des Libertes v
84
Communication 245/02 - Zimbabwe Human Rights
85 (A~ above) _para 152.
NGlb Forum v. Zimbabwe para 151.
I
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86 Umted Nations (UN) "Is~anbul Protocol- Ma~ual on th1 effective m:eshgatlOn
torture and other cruel, inhuman or degradmg treatntent or punishment" 2004 1~,~~allab .-a~
hgl211;1/wW\-Y,<lchpr.,Qrg/l~galiJ\~.n:t!,f!),q!.1lSldetail?,~q::,:.24
(accessed 14 December 2021).
(C:rc:;~'"
I l.- .,
87
As above.
:
88 Communication 279/03, 296/05 - Sudan Human,
ights Organization and Cen ~Otl> ous'i'ii;rl
.
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.~o
\J up.
RIghts
and EVIctions
(COHRE) V Sudan para 227.
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