Regional systems 91 Article 2 provides that “Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status”. Article 26 provides that “States parties to the present Charter shall have the duty to guarantee the independence of the Courts and shall allow the establishment and improvement of appropriate national institutions entrusted with the promotion and protection of the rights and freedoms guaranteed by the present Charter”. Individual rights Article 3 provides that every individual shall be equal before the law and shall be entitled to the equal protection of the law. Article 7 guarantees the right to fair trial. In this context, a decision of the African Commission on Human and Peoples’ Rights involved the protection of a linguistic minority in a bilingual state. The Commission ruled that, “since not all the citizens are fluent in both languages, it is the State’s duty to make sure that, when a trial is conducted in a language that the accused does not speak, he/she is provided with the assistance of an interpreter. Failing to do that amounts to a violation of the right to a fair trial.”100 Article 8 protects the right to practise the religion of one’s choice. The Commission applied this provision to protect the Christian minority in the Sudan, noting that the State violated the authors’ right to practise religion because non-Muslims did not have the right to preach or build their churches and were subjected to harassment, arbitrary arrest and expulsion.101 Article 12 guarantees the right to freedom of movement and residence within the borders of the State; the right to leave any country, including his or her own, and to return to it; and the right to seek asylum. It also prohibits the mass expulsion of non-nationals “aimed at national, racial, ethnic or religious groups”. Article 13 (3) protects the right of equal access to public property and services. Article 17 (2) states that everyone “may freely take part in the cultural life of his community” and article 17 (3) provides that “[t]he promotion and protection of morals and traditional values recognized by the community shall be the duty of the State”. In interpreting this provision, the Commission has noted that “Language is an integral part of the structure of culture; it in fact constitutes its pillar and means of expression par excellence. Its usage enriches the individual and enables him to take an active part in the community and in its activities. To deprive an individual of such participation amounts to depriving him of his identity.”102 The guidelines adopted by the Commission to help States in preparing their periodic reports (discussed below) ask States to provide information on “measures and programmes aimed at promoting awareness and enjoyment of the cultural heritage of national ethnic groups and minorities and of indigenous sectors of the population”.103 With respect to the right to education Communication No. 266/2003, Kevin Mgwanga Gunme et al. v. Cameroon (2009). 100 Communications Nos. 48/90, 50/91, 52/91 and 89/93 Amnesty International and Others v. Sudan (1999). 101 Communications Nos. 54/91, 61/91, 98/93, 164/97-196/97 and 210/98, Malawi African Association and Others v. Mauritania (2000). 102 Guidelines for National Periodic Reports, available from www.chr.up.ac.za/images/files/documents/ahrdd/ theme02/african_commission_resolution_13.pdf (accessed 13 December 2012). The African Commission adopted a significantly simplified version of these initial guidelines at its 23rd Ordinary Session in April 1998. While the relationship between the two versions remains unclear, it is assumed that the simplified guidelines are in force. 103