.c•••. ) ): ,ro:nx:"~ ACHPR African Commission on Human and Peoples' Rights Human Rights our Collective Responsibility In the instant case, the Respondent had a clear duty under the African Charter to prevent the displacement of the civilian population, and to protect and assist those impacted by violence and armed conflict from the impact of the conflict. 171. The failure of the Respondent State to prevent or mitigate the involuntary movement or forced displacement of civilian populations in South Kordofan and Blue Nile or to protect those who have been forcibly displaced in the two regions amounts to a violation of the provision of Article 12 of the African Charter. 172. Alleged violation of Article 14 of the African Charter 173. The Complainants alleged that the SAP's indiscriminate air and ground attacks on civilian life caused the destruction of churches, houses and other property, the abandonment of homes, and the loss of livestock and other resources in violation of Article 14 of the African Charter. 174. Article 14 provides that: The right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws .. This suggests that, under Article 14 of the African Charter, not only is the right to property and the peaceful enjoyment of property guaranteed, but that the arbitrary deprivation of property is 'also prohibited. State Parties have a responsibility to protect the right to property of citizens from encroachment, including interference with the peaceful and quiet enjoyment of property. 175. The destruction of civilian homes, buildings and other structures as well as cultivated land and property by the armed forces of the Respondent State have led individuals and groups to be displaced or flee their ordinary places of abode. As the African Commission noted in Social and Economic Rights Action Centre (SERAC) and Another v Nigeria (SERAC case),61"when housing is destroyed, property, health and family life are adversely affected." 176. 177. 61 (2001) AHRLR 60 (ACHPR 2001), para 60. 35 All Olgall or 'he «'t}) AfriGan Union ,u"./l