Decision of the Commission’s on the merits
185. In light of the foregoing, the African Commission on Human and Peoples’ Rights:
(a) Finds that the Respondent State is in violation of Article 2 as read together with Article 3 both of the Charter;
(b) Finds that the Respondent State is in violation of Artile 8 of the Charter in respect of the freedom of religion reserved to the forum internum. 40
(c) Finds that there is no violation of Article 8 of the Charter in respect of the freedom of religion reserved to the forum externum in lieu of the reservation.
(d) Requests the Respondent State to adopt necessary measures for the neutral recognition of marriages of Bahá’ís and other persons under its jurisdiction who do not identify with the personal laws that are based on the three recognised religions;
(e) Requests the Respondent State to provide the victims with the lump sum of US$10,000.00 (Ten Thousand United States Dollars) as compensation for the prejudice they suffered up to the amendment to the domestic civil status law.
(f) Requests the Respondent State to report to the Commission within 180 days on the measures it intends to adopt for the above purpose;
Done in Banjul, The Gambia, this 17th day of February, 2016 during the 19th ExtraOrdinary Session of the African Commission on Human and Peoples’ Rights held from 16 – 25 February 2016.
