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ACHPR
African Commission on
Human and Peoples' Rights
Human Rights our
Collective Responsibility
international law require and bind Nigeria to protect and improve existing food
sources and to ensure access to adequate food for all citizens.
183. In the same way, under the African Charter, the right to water and food are
essential for securing the highest attainable standard of physical and mental health
under Article 16. They are fundamental to an adequate standard of living as they
are some of the most basic necessities for survival.
184. In the SERAC case, the Commission found that the rightto food is implicit in
the African Charter and inseparably linked to the dignity of human beings. The
Commission noted that the minimum core of the right to food required that the
Nigerian government should not destroy or contaminate food sources, but rather
protect and improve existing food sources and to ensure access to adequate food
for all citizens.v' This obligation also requires that the government should not
allow private parties to destroy or contaminate food sources, and prevent peoples'
efforts to feed themselves.
185. From the facts of this case, there is no doubt that the bombardment and
destruction of areas of civilian habitation, livestock and farms, inexorably expose
victims to serious health risks, not least the emotional and psychological trauma
of war, forced displacement and armed violence. In the case of victims of prolong
detention, the Commission has noted that the responsibility of government is
heightened in situations where individuals are in its custody and completely
dependent on the actions of the authorities for their wellbeing.w
186. While the failure of the government of the Respondent State to provide basic
services such as safe drinking water, electricity and medicine by itself contravenes
the obligations undertaken under Article 16 of the African Charter, the deliberate
prevention of the civilian population in South Kordofan and Blue Nile from having
access to water, food, electricity and medical aid is a flagrant violation of their
fundament right to the best attainable standard of physical and mental health,
recognised under the African Charter.
187. The Commission finds that the bombardment and destruction of civilian homes
and resulting forced displacement negatively affected the ability of victims of the
violence to access water, food and medical supplies, which invariably violated
their right to health.
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