Complainant is deprived of under the status quo. Being the Chief also comprises not only participation in the culture on a different level but also the participation in the formulation of (cultural) policies as imagined by Article 17(2) of the Maputo Protocol. 187. The Commission recalls the scope and content of the rights protected in Article 17(2) in the analysis above, most pertinently, ensuring indiscriminate access, and the elimination of barriers to the enjoyment of and participation in cultural life and the formulation of policy. The Commission considers that S10 of the Chieftaincy Act and its fortification in the Court of Appeals denies the First Applicant her right to live in a positive cultural context and participate at all levels in the determination of cultural policy. 188. The Commission notes the views of the UN Committee on Economic, Social and Cultural Rights in deter~ining what constitutes a violation the right: "To demonstrate compliance with their general and specific obligations, States parties must show that they have taken appropriate measures to ensure the respect for and protection of culturalfreedoms, as well as the necessary steps towards the full realization of the right to talfe part in cultural life within their maximum available resources. States parties must also show that they have guaranteed that the right is enjoyed equally and without discrimination, by men and women." 189. The Commission takes the view that the Respondent State's observance of male primogeniture is a violation of the rights protected under Article 17(2) of the Charter arid 17 of the Maputo Protocol. Alleged violations of article 13 of the Charter and article 9 of the Maputo Protocol 190. Article 13 of the African Charter provides, in the relevant part: "1) Every citizen shall have the right to participate freely in the Government of his country, either directly or through freely chosen representatives in accordance_ i,uith the provisions of the law. 2) Every citizen shall have the right of equal access to the public service of his country." 191. Article 13 of the African Charter is affirmed and enriched through Article 9 of the Maputo Protocol, which provides: "Right to Participation in the Political and Decision-Making Process - ------ . ?:'°',.,CJ_~ H l / M , • ~ 1) Stat-es Parties shall take specific positive action to promote par '1ijf;._~71Jer 11~,""r•io1,,0 «, ,.., s governance and the equal participation of women in the political/; o~ -~~... "°or,.,. tl ' 3 . \l ~'.::! cc:: ci z :(~)'\ ~ \':i.. t\)<!}., if\ ,AU-UA 39 ,: '!';.; ::/· Is" ~;,. ,rS,J ~-- t> ''-o ,,,,,.,.,_o 0,i, . . . _ _ -~ C; ,11 ,~...,,. ,;:::._11,,l: H DES f'i:"'_,:;,;,i