implementation of international human rights obligations of States parties is designed to
enhance the enjoyment of human rights and fundamental freedoms at their national levels,
and is supplemented by the fact that "local remedies are normally quicker, cheaper, and more
effective than international ones".25
78. The rationale behind the exhaustion of local remedies is that States should be given an
opportunity to address the issue before the matter is brought before international treaty
bodies. The Commission has confirmed and reconfirmed this position in several decisions.
79. In Interights, Institute for Human Rights and Development in Africa, and Association
mauritanienne
des droits de I'Homme v Mauritanis'", the Commission stated that local
remedies are "the ordinary remedies of common Law that exist in jurisdictions and normally
accessibLe to people seeking justice". In Cudjoe v Ghana-", the Commis~i()r stated that local
remedies applied to "courts of a judicial nature". In Free Legal AssistanceiqroQP and Others
v Zaire28 and Recontre Africaine pour la Defense des Droits de I'Homme' vZambia29 the
Commission stated that the requirement of exhaustion of local remedies is founded on the
principle that a government should have notice of human rights violation in order to have
the opportunity to remedy such violations before being called before an international body.
80. Accordingly, the submissions by the Complainant in this case would be assessed in light of
the above in respect of provisions of Article 56(5) of the African Charter.
81. The Complainant submits, and the .Commission agrees, that in Jawara v Cambia-", the
Commission recognized a certain level of flexibility to
application of the rule, and held
that complainants are expected to exhaust local remedies only in so far as these remedies
are available, effective and sufficient. The Commission further expounded on this by
stating that" a remedy is considered available if the.petitioner can pursue it without impediment, it
is deemed effective if it offers a prospect of success, and it is found sufficient if it is capable of
the
redressing the complaintn",
82. The Commission notes the reasons advanced by the Complainant, in view of the above, as
to why he believes.domestic or local remedies are unavailable and ineffective namely:
I:·:;X··-::·:
(i) that judicial "remedies cannot be accessed freely without coming into contact with
artificial impediments, hinderances and hurdles placed on the complainant's way and
which barriers are properly utilized by agents of the Respondent State deliberately as
impeding tools and roadblock to the Complainant to delay access to justice, to the
detriment of the Complainant and his clientele;
25 n 4 above on page
7,
26 Communication
242/01 - Interights, Institute for Human Rights and Development in Africa, and Association mauritanienne
des droits de I'Homme v Mauritania, para 27
27 Communication 221198 - Alfred B. Cudjoe v Ghana, para 14
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28 Communicat~on 25/89, 47/90, 56/91, ~00:93 - Free Legal Assistance, Group, and Others v Zaire (1995) j~J
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29 Communication 7.1/92 - Recontre Africaine pour la Defense des Droits de I Homme v Zambia (1997) .. " 1~~
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30 Communication 147/95-149/96 - Sir Dawda K. Jawara v Gambia (The)
v, ",
31 See 27 above, para 32.
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