that the Communication has complied with the requirement in Section IX Article
1(C) of the Revised Communication Guidelines.
22. Section IX Article 1(d) of the Revised Communication Guidelines provides
that the author of a communication should exhaust all available and accessible
local remedies before it brings the matter to 'the Committee, unless it is obvious
that this procedure is unduly prolonged or ineffective. The issue of exhaustion of
local remedies requires detailed consideration. At the outset, under international
law a local remedy is understood to be "any domestic legal action that may lead
to the resolution of the complaint at the local or national level."2 As this
Committee in the children of Nubian descent case noted, "one of the main
purposes of exhaustion of local remedies, which is also linked to the notion of
state sovereignty, is to allow the Respondent State be the first port·of call to
address alleged violations at the domestic level."3
22. In general, int rnational human rights law obliges a person whose rights have
been violated to rely on domestic remedies to rectify the wrong before he/she
takes the issue to an international tribunal. The idea behind this rule is that the
full and effective implementation of international obligations in the field of human
rights is intended to boost the enjoyment of human rights and fundamental
freedoms at the national level. As the Commission in the case Free Legal
Assistance Group, Lawyers Committee for Human Right, Union lnterafricaine
Des Droits De L'Hommes, Les Temoins De Jehova V. DRC noted, "A
government should have notice of a human rights violation in order to have the
opportunity to remedy such violations before being called before an international
4
body." The same stand was reflected by the Commission in the case
Rencontre africaine pour Ia defence des droits De L'Hommes (RADDHO) V
Zambia.5
23. The rule of exhaustion of local remedies is also of a paramount importance
since it reinforces the subsidiary and complementary relationship of the
international system to domestic system. In principle, neither international
tribunal nor regional tribunal (like the ACERWC) should assume place of first
instance court. The fact that regional forums like ACERWC ·should be
accessible is undisputable. However, such kind of forums should come in to
picture not as a first resort but after the domestic remedies have been
exhausted.
24. In their submission, the Complainants argued that the State is well aware of
the series of serious and massive Human Rights violations occurring in it and
2
See Anuak Justice Council V Ethiopia Communication no. 299/2005, para 50.
See Institute for Human Right and Development in Africa (IHRDA and other on behalf of Children of Nubian
descent v. KenyaCommunication No.Com/002/2009,para 26.
4
See African Commission, Free Legal Assistance Group, Lawyers Committee for Human Right, Union
lnterafricaine Des Droits De L'Hommes, Les Temoins De Jehova V. DRC Communication no. 25/89, 47/90,
56/91, 100/93 (Joined) para 36.
.
5
See African Commission, Rencontre africaine pour Ia defence des droits De L'Hommes (RADDHO) V Zambia
Communication no. 71/92 para 10.
3
6