African Commission. More so, the African Commission, has, through its
Guidelines on the Submission of Communications5, encouraged the submission
of Communications on behalf of victims of human rights violations, especially
those who are unable to represent themselves.
77.
In Communication 155/966, for example, the African Commission
endorsed the actio popularis doctrine when it “thank(ed) the two human rights
AC
HP
R
NGOs who brought the matter under its purview: the Social and Economic
Rights Action Center (Nigeria) and the Center for Economic and Social Rights
(USA). Such is the demonstration of the usefulness to the African Commission
and individuals of actio popularis, which is wisely allowed under the African
Charter.” The actio popularis doctrine allows persons interested in the protection
of human rights in Africa to seize the African Commission on behalf of persons
who for one reason or the other, cannot do so on their own.
78.
The rationale for this broad approach to locus standi is in view of the fact that
the African Commission, mandated to promote and protect human and peoples‟
rights in Africa7, bears in mind the fact that in some instances, individuals in
Africa whose rights are violated, may be faced with practical difficulties that may
preclude them from pursuing national or international legal remedies on their
own behalf. The African Commission has therefore adopted the practice of
entertaining Communications from persons who are interested in protecting
human rights on the continent. These may be the victims themselves or civil
society organizations acting on behalf of victims of the alleged violations. 8 This
5
African Commission on Human and Peoples’ Rights Information Sheet No. 2.
Communication 155/96 – The Social and Economic Rights Action Center and the Center for Economic and Social
Rights/Nigeria, 15th Annual Activity Report of the African Commission on Human and Peoples’ Rights 2001-2002, at
Para. 49.
7
See Article 30 of the African Charter on Human and Peoples’ Rights.
8
See for instance Communication 137/94, 156/96, 161/97 – International PEN, Constitutional Rights Project, Civil
Liberties Project and INTERIGHTS (on behalf of Ken Saro-Wiwa Jnr) /Nigeria.
6
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