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

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