4. Direct the Respondent States to implement the recommendations made in the final report on the review of the role, responsibilities and terms of reference of the SADC Tribunal (dated 6 March 2011). Summary of Respondent State's Submission 121. Although the Complainant's Submissions on the Merit were transmitted to all the fourteen (14) Respondent States, only the Sixth (6th) Respondent State (Mauritius) has made its Submission on the Merit. Mauritius' Submission on the Merit 122. The Sixth Respondent's Submission is divided into two main parts. One part contains the Sixth Respondent State's observations on the Admissibility while the other part contains the arguments on the merit. On Admissibility, the Sixth Respondent State argues that the Communication does not satisfy the requirements for Admissibility in Articles 55 and 56 of the African as supplemented by Rule 103 of the Commission's Rules of Procedure. 123. In relation to the merits, the Sixth Respondent State contends that since by Article 3 of the SADC Treaty, that organisation is an international organisation with separate legal personality from its member states, the Sixth Respondent State cannot be held liable for the acts and omissions of SADC. In view of SADC's international legal personality, the Sixth Respondent State submits that the African Commission cannot interfere with the workings of SADC which is not a party to either the Constitutive Act or the African Charter. The Sixth Respondent State argues further that it has no power of direction as regards SADC and its institutions. 124. It is the Sixth Respondent State's further contention that the SADC Tribunal cannot be considered as a domestic tribunal since it is established by an international Treaty. It is argued further that decisions of the SADC Tribunal cannot be enforced by additional judicial means but by reference to the political organs of SADC. Contending that there is no averment that it has breached its obligations under the Constitutive Act of the AU or the African Charter, the Sixth Respondent State submits that it has not violated any provision of the African Charter. Complainant's Supplementary Submission 125. In response to the Sixth Respondent State's Submission on the Merit, the Complainant cites the case of Falana v The African Union76 to argue that the recognition of the international legal personality of an international organisation is not the same as saying that the legal personality, rights and duties of the organisation are the same as those of a state. The Complainant submits that SADC cannot be considered as a representative of its member states in respect of their international Treaty obligations. 126. The Complainant argues further that by Articles 61(1) × A State member of an international organization incurs international responsibility if, by taking advantage of the fact that the organization has competence in relation to the subject-matter of one of the State's international obligations, it circumvents that obligation by causing the organization to commit an act that, if committed by the State, would have constituted a breach of the obligation. and 62(1) × A State member of an international organization is responsible for an internationally wrongful act of that organization if: (a) it has accepted responsibility for that act towards the injured party; or (b) it has led the injured party to rely on its responsibility. of the Draft Articles on the Responsibility of International Organisations as well as by General Principles of International Law, the Respondent States cannot escape liability for breach their international responsibilities by the mere fact that they have established an international organisation, especially if the wrongful act of the International Organisation would have constituted a breach of international human rights obligations were they perpetuated by the states themselves.77 The Complainant contends further that the Respondent States cannot rely on their own wrongful act of suspending and ousting the Tribunal as a defence to the present action. 15