violations, the scale and nature of the alleged violations, coupled with
the number of persons involved, invariably render local remedies
practically unavailable.33
90. Furthermore, in Malawi Africa Association et al. v Mauritania,
which deals with racial discrimination, the expulsion of almost 50,000
people to Senegal and Mali, and extra-judicial executions of Black
Mauritanians, the Commission observed that the gravity of the human
rights situation in Mauritania and the significant number of victims
involved rendered the channels of remedy unavailable in practical
terms, and, their process unduly prolonged.
91. Haven perused the jurisprudence of the Commission; can we effectively
state that the present Communication deals with large-scale violations
and that the number of victims involved renders local remedies
unavailable?
92. Even though the referenced Communications do not specifically deal
with elections as in the present Communication, the Commission is
called upon to look at the scale, scope, and severity of the violations
within the context of political rights and the right to vote. As well as
articulating the civic space elements required during an election under
the Charter.
93. The present Communication is submitted on behalf of the “entire
Ethiopian electorate” comprising millions of eligible voters whose right
to participate in the Government of their country is alleged to have been
suppressed. Additionally, the Communication alleges violations
involving scores of individuals arrested, detained, or killed during
protests and rallies before and after the 2015 elections in the
Respondent state. It also alleges the systematic violation of several
rights by enacting laws to suppress freedoms and crush dissenting
voices.34
94. Without delving into the merits of the case, in the present
Communication, the class of victims is self-evident and defined by the
nature of the violation (infringement on the right to vote and participate
in public affairs in the context of a national election). Technically, since
the election was open to all Ethiopians (the electorate), it is practical to
assume that it covers the whole nation.
33 See also Communication No. 249/02: Institute for Human Rights and Development in Africa (on behalf of
Sierra Leonean refugees in Guinea) v. Guinea (2004) ACHPR, para 34.
34 See summary of facts; and paras 31 to 32 of the Admissibility submissions above.
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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/