period. As a result, no Ethiopian was able to fully exercise their right to
vote as protected under Articles 9 and 13(1) of the Charter.
66. Considering the very nature of the violations alleged in this
Communication, it is the Commission’s view that the facts equally apply
to every single Ethiopian citizen who was denied the free flow of
information, public debate, and dialogue during the 2015 electoral
period, regardless of their political affiliation or proclivity to exercise
their vote or not.
67. Furthermore, in Malawi African Association et al. v. Mauritania,19
the Commission recognized that in a situation of grave and massive
violations, giving a complete list of names of all the victims may be
impossible. The Commission noted that “…. Article 56(1) simply
demands that Communications indicate the names of those submitting
and not those of all the victims of alleged violations.”
68. In the same vein, in Kevin Mgwanga Gunme et al. v Cameroon20, the
Communication was filed on behalf of the people of Southern
Cameroon. The Commission noted that “Article 56(1) of the African
Charter requires a Communication to indicate its authors and not the
victims of the violations.” 21
69. Additionally, in Lawyers for Human Rights (Swaziland) v The
Kingdom of Swaziland,22 the Commission again found the
Communication brought by an NGO to be admissible, even though it
was filed on behalf of the entire population of Swaziland.23 Under this
similar formation of Complainant and victims to include the whole
population of a country, the Commission expressly stated that “the
requirements under subsections (1) (2) (3) (4) and (7) of Article 56 raise no
contentious issues and require no further examination.”24
70. The Commission also took the same position regarding
Communications submitted against Benin, Zaïre, and Rwanda,25
19 n 7 above, para 79.
20n 16 above..
21 As above, para. 67.
22 Communication 414/12.
23 As above, para 3.
24 As above, para 36.
25 Cf. decisions on communications 16/88, 17/88, 18/88, 25/89, 47/90, 56/91, 100/93 Legal Assistance
Group/ Zaïre, and 27/89, 46/91, 49/91, 99/93 World Organisation against Torture, International
Association of Democratic Jurists, International Commission of Jurists and Inter-African Human Rights
Union / Rwanda).”
~ 11 ~
African Commission on Human and Peoples’ Rights
31 Bijilo Annex Layout, Kombo North District,
West Coast Region, The Gambia,
Phone: (220) 230 4361 Fax: (220) 441 05 04
Email: au-banjul@africa-union.org
https:/achpr.au.int/