~:~);ACHPR /. a:n:rn:..#',. African Commission on Human and Peoples' Rights Human Rights our Collective Responsibility Nuba people to benefit from their land and its natural resources. The Commission thus finds that the rights of the Nuba to freely dispose of their wealth and natural resources under Article 21(1) have been violated. 252. Under Article 21(2) of the African Charter, the Respondent State has an obligation to compensate the Nuba people for despoilation of their properties. The destruction of their property and the failure to compensate them for the damage amounts to a violation of Article 21(2) of the African Charter. Alleged violation of Articles 23 of the African Charter 253. The Complainants also allege that their right to peace under Article 23 was violated. Article 23(1) of the African Charter enshrines that: "[aJll peoples shall have the right to national and international peace and security. The principles of solidaritv and friendly relations implicitly affirmed by the Charter of the United Nations and reaffirmed by that of the Organization of African Unity shall govern relations between states." 254. The right to national peace and security has two dimensions. The first dimension affords a negative protection. By virtue of this protection, people are entitled to be protected from being targets of or being subjected to conditions of armed violence. The second dimension involves positive protection. This goes beyond the silence of the guns or the absence of armed violence. It additionally involves the provision of institutional and legal measures that ensure positive peace whereby they have a secure social and political environment guaranteed by respect for their rights, the rule of law and the enforcement of law and order in accordance with internationally accepted constitutional processes. At a minimum Article 23(1) requires that the state or its agents refrain from subjecting any category of its population from being a target of armed violence or being subjected to conditions of armed violence. 255. With regard to the Respondent State's alleged violation of Article 23(1), the Commission notes that the attack of civilian villages and populations by State forces amounted to a denial of the right to live in peace and security. 256. In Malawi African Association and Others v Mauritania,88 the Commission noted that even where the attack by State forces was done against rebel groups, the responsibility for protection of human rights was incumbent on the Mauritanian State, which is a party to the African Charter; and as such, the unprovoked_ attacks 88 (2000) AHRLR 149 (ACHPR 2000) para 140. 52 All Organ of the African c/")\ Union ,.,,:z

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