Charter, as the respondent State ratified the ACRWC on the 9th of May 2001,
and within whose jurisdictions the alleged violations of the rights enshrined in
the Charter have allegedly been committed.
12.As provided under Section IX of the Revised Communication Guidelines, the
admissibility of a communication submitted pursuant to Article 44 is, inter alia,
subject to the condition of exhaustion of local remedies.
V.
Exhaustion of local remedies
13.Section IX Article 1(d) of the Revised Communication Guidelines provides that
the author of a communication should exhaust all available and accessible local
remedies before it brings the matter to the Committee, unless it is obvious that
this procedure is unduly prolonged or ineffective. The issue of exhaustion of
local remedies requires detailed consideration. At the outset, under international
law a local remedy is understood to be "any domestic legal action that may lead
to the resolution of the complaint at the local or national level." As this Committee
in Nubian case noted, "one of the main purposes of exhaustion of local
remedies, which is also linked to the notion of state sovereignty, is to allow the
Respondent State be the first port of call to address alleged violations at the
domestic level."
14.1nternational human rights law obliges a person whose rights have been violated
to rely on domestic remedies to rectify the wrong before he/she takes the issue
to an international tribunal. The idea behind this rule is that the full and effective
implementation of international obligations in the field of human rights is
intended to boost the enjoyment of human rights and fundamental freedoms at
the national level. As the Commission in the case Free Legal Assistance Group,
Lawyers Committee for Human Right, Union lnterafricaine Des Droits De
L'Hommes, Les Temoins De Jehova V. DRC noted, "A government should have
notice of a human rights violation in order to have the opportunity to remedy
such violations before being called before an international body."
15.The rule of exhaustion of local remedies is also of a paramount importance since
it reinforces the subsidiary and complementary relationship of the international
system to domestic system. In principle, neither international tribunal nor
regional tribunal like the ACERWC should assume place of first instance court.
The fact that international and regional forums like ACERWC should be
accessible is undisputable. However, such kind of forums should come in to the
picture only as a measure of last resort after the domestic remedies have been
exhausted and their failure is apparent.
16.However, from SeCtion IX Article 1(d) of the Revised Communication Guideline,
it can be understood that there are exceptional circumstances in which the
requirement of exhaustion of local remedies can be left aside. In applying the
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