array of physical and mental abuse” set by the decision. It is up to women survivors and women’s rights and human rights organisations to explore the potential of the Doebbler decision to address some forms of violations on women’s personal and bodily dignity within the provisions of the African Charter. ii) Violation of International Humanitarian Law and other International Human Rights Treaties In D.R. Congo v. Burundi, Rwanda and Uganda, the African Commission held that the rape and killing of Congolese women by the Rwandan and Ugandan forces violated the first Protocol Additional to the Geneva Conventions and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and by extension, the African Charter.91 iii) Equal Access to Justice and Protection of Law In Amnesty International and Others v. Sudan, 92 it was alleged in the petition, among other things, “that non-Muslims were persecuted in order to cause their conversion to Islam. They do not have the right to preach or build their churches; there are restrictions on freedom of expression in the national press. Members of the Christian clergy are harassed; Christians are subjected to arbitrary arrests, expulsions and denial of access to work and food aid”.93 On application of Shari'a laws, the Commission held “[w]hile fully respecting the religious freedom of Muslims in Sudan, the Commission cannot countenance the application of law in such a way as to cause discrimination and distress to others. … When Sudanese tribunals apply Shari'a, they must do so in accordance with the other obligations undertaken by the State of Sudan. Trials must always accord with international fair-trial standards. … and everyone should have the right to be tried by a secular court if they so wish”. 94 The Commission held Sudan to have discriminated against non-Muslims and therefore to have violated Article 2, which provides for equal protection of law. While this particular case is about application of Shari’a laws, indeed the same is true for some aspects of customary and other semi-formal laws that discriminate against women. Since discrimination against women on the basis of sex and gender is a global phenomenon; decisions that emphasise equal access to justice and protection of law are important tools in the course of seeking justice for women. iv) Obligation to Investigate and Prosecute Crimes including Rape In Sudan Human Rights Organisation & Centre on Housing Rights and Evictions (COHRE) v. Sudan,95 the African Commission held the Republic of Sudan in violation of several articles of the African Charter, particularly Articles 4 and 5. It found that Sudan failed to prevent mass scale torture, rape and other gross violation of human rights in the Darfur region and further, failed to effectively investigate and prosecute them. It was therefore recommended that Sudan should take all necessary and urgent measures to ensure protection of victims of human rights violations and take steps to prosecute those responsible for the human rights violations, including murder, rape, arson and destruction of property.96 The decision implies that the African Commission regards rape to be among the human 91 D.R. Congo v. Burundi, Rwanda and Uganda (Comm. No. 227/99) ((2003)) available at: http://caselaw.ihrda.org/doc/227.99/view/. 92 Amnesty International and Others v. Sudan (Comm. 48/90/ 50/91, 52/91, 89/93 (1999)) available at: http://caselaw.ihrda.org/doc/48.90-50.91-52.91-89.93/view/. 93 Ibid., ¶ 74. 94 Ibid., ¶¶ 72 & 73. 95 Sudan Human Rights Organisation & Centre on Housing Rights and Evictions (COHRE) v. Sudan (Comm. No. 279/03-296/05) available at: http://caselaw.ihrda.org/doc/279.03-296.05/view/. 96 Ibid., ¶ 299. 28 REGIONAL MECHANISMS | REDRESS