the Respondent State opted not to furnish further submissions apart from those
on locus standi. The Respondent State stated that in the event that the African
Commission rules in favor of the Complainants on the issue of locus standi, they
would not contest the Admissibility of the Communication.
Commission’s Decision on Admissibility
The Admissibility of the Communications submitted before the African
Commission is governed by the seven conditions set out in Article 56 of the
AC
HP
R
African Charter.
The current Communication is submitted pursuant to Article 55 of the
96.
African Charter which allows the African Commission to receive and consider
Communications, other than from States Parties. Article 56 of the African Charter
provides that the admissibility of a Communication submitted pursuant to
Article 55 is subject to seven conditions.18 The African Commission has stressed
that the conditions laid down in Article 56 are conjunctive, meaning that if any
one of them is not satisfied, the Communication will be declared inadmissible.
97.
Article 56(1) of the African Charter requires that a Communication received
under Article 55 of the African Charter shall be considered if it “indicates their
authors even if the latter requests anonymity”. Article 56(1) of the African
Charter will, therefore, be satisfied if the Communication discloses the identity
and details of the authors thereof.19
The purport and intent of Article 56(1) of
the African Charter is to ensure that the African Commission is in
communication with the author.
It is only through this medium of
communication that the African Commission will be assured of the author‟s
18
19
See Article 56 of the African Charter on Human and Peoples’ Rights.
See Communications 54/91, 61/91, 98/93, 164/97, 210/98; Malawi African Association et al v.
Mauritania, paragraph 78, (ACHPR) 13th Activity Report
22