international law and as such the Respondent State cannot be said to have
violated Articles 1 and 4 of the African Charter. For these reasons, the
Respondent State submits that the Communication is incompatible with
the African Charter.
46. On the exhaustion of local remedies, the Respondent State notes that the
Complainant is asking the African Commission to recommend that the
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Respondent State adopts a law that does not exist in any jurisdiction in the
world, save for the English Fatal Accident Act of 1976. The Respondent
State argues that if the Complainant was sincere in its desire to see that a
law is put in place to cater for the scenario mentioned in its Complaint, it
would have lobbied organizations that share its views for the passing of
such a law. Since this was not done, it is the Respondent State‟s contention
that it is improper for the Complainant to approach the African
Commission to request the latter to recommend the Respondent State to
adopt such a law.
47. The Respondent State finally notes that since the Draft Basic Principles
and Guidelines on the Right to a Remedy and Reparation for Victims of
Violations of International Human Rights and Humanitarian Law (Draft
Principles) is not yet law, the issues of damages has no foundation yet. For
the above reasons, the Respondent State submits that the African
Commission should dismiss the Communication.
Analysis of the African Commission on Admissibility
48. Article 56 (2) requires Communications submitted for consideration by the
African Commission to be “compatible with the Charter of the Organization of
African Unity … or with the present Charter”. The facts as presented to the
African Commission suggests that the Complainant is seeking a
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