Commission
in
Communications
Nos.
127/94
and
198/97,
in the
Matter of
Sana Dumbuya v. The Gambia and SOS Esclaves v. Mauritania.
88.In conclusion, the Respondent State prays the Court to rule that the Applicant
has not exhausted the aforementioned local remedies and, therefore, declare
the Application inadmissible.
89. Concerning
the
unconstitutionality
contends that, according
of
the
impugned
law,
the
Applicant
to Article 77(2) of the Ivorian Constitution,
human
rights advocacy associations may refer to the Council only the laws relating to
public freedoms;
that given
that the
impugned
law
is a law governing
an
independent administrative authority, no remedy is open to non-governmental
organizations and individuals to solicit the withdrawal or review of such a law.
90.In its additional observations, the Applicant further contends that, according to
Article
77 of the
Ivorian
Constitution,
seized
only prior to promulgation
entitled to seize the Constitutional
the Constitutional
of laws;
Council,
that even
it would
Council
should
if the Applicant
be
necessary
be
were
that the
Applicant be informed of the adoption of such a law by the National Assembly.
91.It maintains that, in Cote d'Ivoire, the only means by which the existence of a
law is brought to the attention
of the citizens,
is the publication thereof in an
Official Gazette after its promulgation; that, in the circumstances, it would be
impossible for human
rights associations to seize the Constitutional Council
prior to promulgation of the laws as required by the Constitution.
92.The Applicant made
no observation on the competence of the administrative
jurisdictions suggested by the Respondent State.
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