59. On the basis of the above facts and in accordance with its jurisprudence, it appears
to the Commission that the time limit within which the matter was referred to it,
can be considered reasonable and it accepts the Complainants' argument on this
ground.
Decision of the Commission on Admissibilitv
60. In the light of the foregoing, the African Commission on Human and Peoples'
Rights declares the present Communication admissible pursuant to Article 56 of
the African Charter.
On the merits
The Complainants' Pleas on the Merits
Alleged violation of Article 1
61. The Complainants allege a violation of Article 1 of the Charter, which states that
Member States parties to the Charter recognize the rights, duties and freedoms set
forth therein and undertaketo ensure their observance by adopting legislative or
other measures for their implementation.
62. In support of their allegations of a violation of this provision of the Charter, the
Complainants base their argument on the Communication Dnwdn [mourn v. The
Gambia (2000) in which the Commission held that the obligation under Article 1 is
a "mandatory" obligation in the sense that States Parties to the Charter have
undertaken to adopt legislative or other measures to give effect to it.
The
Complainants state that the obligation imposed by Article 1 is not an obligation of
diligence, but rather in obligation of result.
63. Referring to the Commission's jurisprudence in
the Communication
Kevin
Mgwnngn Gimme et nl. p. Cnmeroon (2009), the Complainants state that it is because
of the mandatory nature of Article 1 above that the Commission itself has in some
instances found it to be violated without the Complainant's having referred to it.
They ask, therefore, that if the Commission finds any violation of the articles of the
Charter, then the Respondent State must have violated Article 1.
Alleged violation of Article 2
64. The Complainants claim that the right to non-discrimination under Article 2 of the.
.s
Charter has been violated. According to them, the discrimination suffered b
u
12
re.
.
.