(~' . .. ' : ACH PR . .J ''1=1:/' _ African Commission on Human and Peoples' Rights Human Rights our Collective Responsibility 106. In the jurisprudence of the African Commission, the right to life is foundational to the exercise of all other rights. Under the African Charter, the right to life applies to all persons, at all times, and it cannot be derogated from.25 This is because without life, all other rights cannot be exercised. 107. In the case of Forum of Conscience v Sierra Leone,26 the Commission held that [t]he right to life is the fulcrum of all other rights. It is the fountain through which other rights flow, and any violation of this right without due process amounts to arbitrary deprivation of life. 27 II II 108. Similarly, in General Comment No.3 on the African Charter on Human and Peoples' Rights: The Right to Life (Article 4), the Commission notes that: The right to life is universally recognised as a foundational human right. It is guaranteed by Article 4 of the African Charter and all of the other main global and regional human rights instruments. The right not to be arbitrarily deprived of one's life is recognised as part of customanj international law and thegeneral principles of law, and is also recognised as a jus cogens norm, universally binding at all times. The right to life is contained in the constitutions and other legal provisions of the vast majority of African and other States. All national legal systems criminalise murder, and arbitrary killings committed or tolerated by the State are a matter of the utmost gravihJ.28 109. By the tenor of this interpretation, State Parties have an obligation under the African Charter to refrain from the arbitrary and unlawful deprivation of life. State Parties have an obligation to protect human life against unwarranted or arbitrary actions by security forces and private persons. In the case of Gabriel Shumba v Zimbabuer" the Commission noted that the right to life enshrined in Article 4 of the African Charter is the supreme right of the human being. As the Commission rightly held in that case, the deprivation of life by the authorities of the state is a matter of utmost gravity which requires that State Parties under the African Charter have a responsibility to strictly control and limit the circumstances under which a person may be deprived of life by State authorities. 21 An Orga" of th. Africsn ((~~ Union ,,,,,/1 Email: aU-banju/@africa-union.org https:lachpr.au.inVO () a