~;;'ACHPR I) ~ mm::6·,. African Commission on Human and Peoples' Rights Human Rights our Collective Responsibility individuals in and outside South Kordofan and Blue Nile on the basis of their perceived or actual relationship to the SPLM/ A-North. 229. The Complainants claimed that where the SAF forces and other Respondent State authorities believed an individual to be a member or supporter of the SPLM/ A-North, it subjected the individual to a variety of violations, including arbitrary arrest and detention, torture and ill-treatment. Civilians who were not (perceived to be) members of the SPLM/ A-North were not subjected to the same treatment. 230. The Respondent has not denied these allegations, including the allegations of rape and sexual violence committed by its security personnel against women and girls. And there are numerous indications from the evidentiary documents submitted before the Commission, including the reports of local and international NGOs of sexual and gender-based discriminations, as well as discrimination on account of sex, colour and ethnicity. 231. In the Egypt Initiative ca~~,the Commi~sion noted that sexual assault against victims were acts of genderSbased violence perpetuated by state and non-state actors under the control of state actors, that went unpunished.v The weaponisation of rape and sexual violence against vulnerable girls and women as tools of oppression and violations during conflict, as referenced in that case, is not any different from the instant one. ·f 232. The Commission affirms that the duty to respect that the Respondent bears entails that state institutions and officials refrain from acts of violations and that the duty to protect and the due diligence obligation of the Respondent State entails that the State takes measures to prevent discrimination of any kind and to, more especially, protect vulnerable groups such as women and girls from sexual and gender-based violence. This includes the obligation to investigate allegations of sexual and gender-based violence, prosecute and punish offenders, and ensure that victims are accorded adequate remedies. 233. There is no indication that the Respondent State has fulfilled its obligations under the African Charter to prevent discrimination on account of gender or sex, colour, origin, ethnicity or political opinion under Article 2 of the African Charter or to protect the affected women and girls in accordance with international human rights law under Article 18(3) of the African Charter. 84 EglJpt Initiative case (n 73 above) para. 166. 47 All Organ of It;. African ((')' Union "n••~