ACHPR
•
African Commission on
Human and Peoples' Rights
Human Rights our
Collective Responsibility
Article 56(4)
54.Article 56(4) of the African Charter provides that communications should not be
'based exclusively on news disseminated through the mass media. ' In interpreting
this provision, the Commission has acknowledged the importance of mass media
as a source of information and reiterated that the issue of concern is whether the
information obtained from the med ia is correct and the veracity of the allegations
from it. 29 The Complainant produced court documents as evidence and has not
relied exclusively on news disseminated through the mass media. Thus, this
communication satisfies the provisions of Article 56( 4) of the African Charter.
Article 56(5)
55 . Concerning the exhaustion of domestic remedies, Article 56(5) of the African
Charter provides that communications may only be admitted after 'exhaustion of
local remedies if they exist unless it is obvious that this procedure is unduly
prolonged.'
56 . The rationale behind Article 56(5) of the African Charter is to give state parties the
first responsibility to resolve allegations of human rights violations using their
domestic remedies and within their domestic legal system. 30 This is informed by
the principle of the subsidiarity of the international adjudicatory system. 31 The
settled jurisprudence of the Commission shows that this is one of the most
important conditions for the admissibility of communications.32
57 . The Commission has further established that these domestic remedies must be
available, in that they can be used by the Complainant without impediment;
29
Communication 147 /95-149/96: Sir Dawda K. Jawara v Gambia (The), 11 May 2000, para 26.
°Communication 292/ 04 - Institute for Human Rights and Development in Africa/ Angola (2008) ACHPR
3
para. 38.
Guide to the African Hum an Rights System available at
ht
www.clu·.u .ac.za ima es ublications 2021 Guide to the African
21.pdf
32 Communication 147/95 and 149 /96 - Sir Dawda K Jawara v. Gambia (2000) A
31
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