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Human Rights our
Collective Responsibility
Human and Peoples' Rights
Article 56(1): Identity of the Complainant
36. Article 56(1) of the charter requires that a Communication indicate its author's
identity, even if anonymity is requested.
37. The Commission recalls that the rationale behind this requirement is to ensure
that the Commission can establish contact with the complainant and verify their
ongoing interest in the matter. The Commission has affirmed this position in
Michael Majuru v. Zimbabwe 27and lbrahima Diuresis and Others v. Guinea, 28
where it held that complainants must disclose their identities to enable the
Commission to process communications adequately.
38. In the Communication at hand, while no victim is indicated expressly of the
alleged violation of human rights arising from the Respondent State's acts, the
Commission notes that the Complainant, Tebeila Institute, as represented by
Mr Shedrak Tebaile,29 has clearly identified itself as a non-profit organization
based in South Africa, dedicated to public interest litigation and the promotion
of constitutional rights.30The Respondent State does not dispute the
Complainant's identity and acknowledges that the requirement under Article
56(1 ) has been met. 31
39. The Commission agrees with the parties' submission and, therefore, finds that
the requirement under Article 56(1 ) has been satisfied .
Article 56(2): Compatibility with the Charter
40. Article 56(2) of the Charter requires that communications be compatible with the
Charter of the African Union or the African Charter itself. The Commission
interprets this condition as encompassing compatibility with the objectives of the
African Charter and the Constitutive Act of the African Union and compliance
with the four aspects of the Commission's jurisdiction, namely ratione personae,
ratione materiae, ratione temporis and ratione loci.32
27
Communication 308/05, para. 66
28 Communication 340/ 07, para. 55
29
See the Complainant's w ritten submissions on admissibility and merits, para. 19
30 ibid
...... ..
31
See Respondent's State Reply Submission on Admissibility and Merit, para. 25
This position was clarified in Senator Jenn-Pierre Be111ba Gamba v. Democratic Republic Of Congo
(communication 709/ 19, para 26-28
32
71
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African ~.· \
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The African Commission on Human and Peoples' Rights
31 Bijilo Annex Layout. Kombo North District,
West Coast Region Gambia
Phone: (220) 230 4361 Fax: (220) 441 05 04
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