under a state of emergency since the 1989 coup d’état, and that the situation is deteriorating very
rapidly and in a highly dangerous manner in a country which is multi-denominational, multi-cultural and
multi-ethnic.
The COHRE Case
66. The Complainant avers that the Respondent State has committed serious and massive violation
of human rights. The Complainant argues that the violations are ongoing since 2003. It argues that the
communication has been submitted to the African Commission within a reasonable period of time.
67. The Complainant argues further that the victims of forced evictions and other accompanying
human rights violations in the Darfur Region cannot avail themselves of local remedies due to several
reasons, including the fact that
1. the victims are increasingly being displaced into remote regions or across international frontiers;
2. the Respondent State has not created a climate of safety necessary for victims to avail
themselves of local remedies; and
3. the Respondent State is well aware of the series of serious and massive human rights violations
occurring in Darfur and has taken little or no steps to remedy those violations. Consequently,
these impediments render local remedies unavailable to the victims.
68. The Complainant therefore urges that the communication be declared admissible because
domestic remedies are not available.
Respondent State’s submissions on admissibility
69. The Respondent State denies all the allegations advanced by the Complainants in the SHRO
Case. The Respondent State submits that the conflict in the Darfur region is a result of its
geographical location. It argues that the instability in neighbouring countries has negative
repercussions on the Respondent State.
70. The Respondent State admits that the conflict in Southern Sudan, which lasted for years had
affected all the regions of the country at varying degrees. It states that South Darfur, which borders
Southern Sudan, has been affected by armed operation and the massive exodus of the population
running away from the fighting. That the three Darfur regions have also been affected by the situation
in Chad, Central African Republic and the Democratic Republic of Congo through the introduction of
arms from these countries and the influx of hundreds of tribes with kinship links in the Respondent
State.
71. The Respondent State submits that armed conflicts in neighbouring States have contributed to
the emergence of armed rebel groups which carry out plunder and theft. The Respondent State
submits further that it has taken measures to restore stability, bring criminals to courts in accordance
with the law and returned stolen property.
72. The Respondent State argues further that the Complainants have not exhausted local remedies.
It states that there hasn’t been any report/complaint to the police, the Courts, or the National Council
or to the Human Rights Consultative Council. It submits further that the complaint does not conform to
Articles 56 (2) and 56(4) of the African Charter, because it is based on erroneous or imaginary facts
which have nothing to do with the Respondent State.
73. The Respondent State claims that the Communication has been overtaken by events since
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several of the claims were addressed by the President of the Respondent State on 9 March 2004,
when he granted general amnesty to those who surrendered their arms. That the Respondent State
signed peace agreements at Abeche and N’djamena; launched the reconstruction of infrastructure
destroyed by the rebels; allowed international aid organizations to intervene on the ground; and
allowed the return of internally displaced persons. It created an independent Commission of Inquiry on
the human rights violations, and convened a meeting for all Darfurians to discuss the restoration of
peace in the region. In the light of the foregoing, the Respondent State denies all the allegations and
declares them ‘false and against the spirit of Article 56 of the African Charter’.