44. As rightly noted by the African Commission on Human and Peoples‟ Right, internationally
accepted ideas of the various obligations engendered by human rights indicate that all
rights, civil and political rights as well as social and economic rights, generate at least four
levels of duties for a state that undertakes to adhere to a rights regime, namely the duty to
respect, protect, promote and fulfill these rights.8 According to the Commission, „obligation to
protect requires States to protect right-holders against other subjects by legislation and
provision of effective remedies. This obligation requires the States to prevent human rights
violations, investigate human right violations, prosecute and ensure punishment of
perpetrators.9
45. As part of obligation to protect, States have a duty to conduct an effective investigation into
all cases of violations of human rights such as rape. The African Commission, in affirming
this stand, has held that „Failure to investigate effectively, with an outcome that will bring the
perpetrators to justice, shows lack of commitment to take appropriate action by the State,
especially when this lack of commitment is buttressed by excuses such as lack of sufficient
information to carry out a proper investigation. Furthermore, failure to investigate
compromises an international responsibility on the part of the Respondent State, both in the
case of crimes committed by agents of the State and those committed by private
individuals.‟10
46. On this note, as it did in considering the case of Minority rights group international and Sosesclaves on behalf of Said Ould Salem and Yarg Ould Salem v The Government of the
Republic of Mauritania, the Committee would also like to address the implementation of the
obligations of State Parties envisaged by article 1 of the Children‟s Charter in the context of
the requirement of „due diligence‟. In this regard, the Committee reiterates that while
discharging their human rights obligations, States are obliged to show due diligence to
ensure the full realization of human rights. 11 In the aforementioned case, the Committee
noted that States‟ due diligence should be shown in prevention of human rights violations,
investigation of violations, prosecution of perpetrators, and ensuring punishment of
perpetrators.12
47. In order to prevent violation of human rights, States must identify vulnerable groups prone to
abuse and take special measures to prevent violence from occurring. In cases where the
violence has already occurred, Governments are required to undertake exhaustive
investigation and ensure that commensurate compensation is rewarded to the victims. In the
event where the State fails to show due diligence to prevent or investigate violence
perpetrated by third parties, it assumes responsibility under international law for non-state
actors. In this regard, all organs of the State are required to act in due diligence and a
breach caused by any of the organs of the Government in preventing and investigating a
violation makes the State responsible under its international human rights obligations.
48. In the case under discussion, the Complainants allege that the Republic of Cameroon and
its agents did not carry out any credible investigations into the sexual abuse and rape
committed against TFA. Neither was there any form of support provided for her in the
aftermath of the rape. On the other hand, the Respondent State alleges that appeal is
underway and psychosocial support was given to the child and her family. From the
submission of both parties, the Committee understood that five years after commission of
crime of rape against TFA, the act of the perpetrator of this crime has not been properly
investigated, the person has not been convicted. With regard to provision of psychosocial
support to the victim, the Committee notes that, despite the Respondent State‟s submission
that TFA has been provided with the necessary psycho-social support, it has not adduced
any credible evidence to prove its claims.
8
Social and Economic Rights Action Centre (SERAC) and Another v Nigeria (2001) AHRLR (ACHPR 2001)
para 44.
9
SERAC and other V the Government of Nigeria (n10 above) para 46.
10
. Egyptian Initiative for Personal Rights & INTERIGHTS vEgypt, Communication No 323/06, ACHPR, para
163.
11
Zimbabwe Human Rights NGO Forum v Zimbabwe (2006) AHRLR 128 (ACHPR) 2006 para 146.
12
Minority rights group international and Sos-esclaves on behalf of Said Ould Salem and Yarg Ould Salem V
The Government of the Republic of Mauritania, Communication No: 007/Com/003/2015, ACERWC para 52.
9