has the slightest likelihood to be effective, the applicant must pursue it. Arguing that local
remedies are not likely to be successful, without trying to avail oneself of them, will simply not
sway this Commission.” To the extent that Complainants did not resort to constitutional,
the Respondent State submits that local remedies have not been exhausted. In that
regard Article 56(5) of the Charter is not satisfied and the Communication must be
declared inadmissible.
38. In any event, so argues the Respondent State, adequate local remedies have been
accorded to the first Complainant. It states that the first Complainant appealed its case
all through to the Federal Supreme Court, which is the apex court, without success
because it had contravened the law. It avers that upon the CSO Proclamation coming
into force, Ethiopian societies and charities could not source more than 10% of their
funds from outside the jurisdiction. The first Complainant did exactly what the law
prohibits. As a result, its assets which had foreign sources were frozen.
39. It further states that the Agency responsible for charities and societies is
empowered to transfer seized assets to another society or charity with similar
objectives. However, considering the first Complainant’s valuable work of promoting
and protecting human rights, the seized funds have not been transfer to another charity
or society. Exceptionally, the Agency has allowed the first Complainant to draw an
amount equal to 10% of the latter’s annual budget every year. The Agency intends to
allow the first Complainant to draw such amount until the entire fund is exhausted.
40. The Respondent State contends that where the domestic jurisdiction has accorded
adequate remedies, the Commission should not be used as a court of appeal as it does
not have such jurisdiction. It thus submits that this Communication must be declared
inadmissible.
The Complainants’ Reply
41. In their reply the Complainants contend that (a) a constitutional review was not
necessary, (b) the Council of Constitutional Inquiry and the House of Federation are not
judicial organs for purposes of exhaustion of local remedies; and in any event (c) a
constitutional review is not an effective and sufficient remedy. A constitutional review
was deemed irrelevant because, unlike in the Melaku Fenta Case,the first Complainant
did not require constitutional interpretation of its grievance, and similarly the courts felt
that the grievances in question did not require interpretation of the Constitution. This
explains why neither the courts nor the first Complainant referred the matter to the
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