.('"'\ ~ ACHPR {rj ~er . m ~ African Commission on Human and Peoples' Rights Human Rights our Collective Responsibility lay squarely on the Complainants, without which a violation of the right may not be found.52 89. In the present case, the Commission notes that the Respondent State has not met their burden to establish discrimination, beyond alleging discrimination on the basis of dissatisfaction with the outcomes of their case. In Peter Odiwuor Ngoge v The Republic of Kenya, 53 the Commission reiterated that it may not make a finding of discrimination based on bare factual assertions that do not meet the legal threshold. Moreover, the Commission has already found that the Complainants enjoyed their rights to be heard under Article 7. It is therefore untenable considering these circumstances to concluqe.that the Complainants were victims of discrimination in violation of Article 2 of the Charter. 90. Regarding the alleged violation of Article 3 of the Charter, the Commission recalls its jurisprudence in Zimbabwe Lawyers for Human Rights and the Institute for Human Rights and Development (on behalf of Andrew Barclay Meldrum) v Republic of Zimbabwe20 (Meldrum) that Article 3 guarantees fair and just treatment of individuals, within the legal system of a given country, whereby every individual is equal ·before the law and guaranteed equal protection of the law. 21 Article 3(1) entitles individuals to equal application of existing laws and to have the same procedures and principles applied under the same conditions. 54 The principle that all persons are equal before the law means that existing laws must be applied in the. same manner to those subject to them and Judges and administration officials may not act arbitrarily in enforcing laws. 55 Equal protection of the law under Article 3(2) refers to the right of all persons to have the same access to the law and courts and to be treated equally by the law and courts, both in procedures and in the substance of the law. It is akin to the right to due process of law, but in particular applies to equal treatment as an element of fundamental fairness. 56 Similarly, the Complainants bear the burden to prove differential application of the law and provision of access to justice in each case. 91. The Commission notes that in HC Case 31884/2015, SCA 354/ 19, and ......-:==:::::--... CCT162/19, the Complainants w ere subjects of established law, o 52 Communication 341/07, para 147 53 Communication 432/12, Merits Decision, para 84 54 Meldrum Merits decision, para 96 55 Meldrum, Merits Decision, para 96 56 Meldrum, Merits Decision, para 100 22 I Page ;OI<.".., A0~~g(1) ~ ~,c-. The African Commission on Human and Peoples' Rights 31 Bijilo Annex Layout, Kombo North District, West Coast Region Gambia Phone: (220) 230 4361 Fax: (220) 441 05 04 Fm:iiil· .::i11-h~ni1 ll(ri):1frir.:::.-1in inn nrn