Decision of the African Commission on Admissibility
106. In view of the above, the African Commission on Human and Peoples' Rights:
(i)
Declares this Communication admissible in accordance with Article 56 of the
African Charter;
(ii) Adjourns consideration of the Communication for the parties to make their
submissions on the Merits in accordance with Rule 107(2) of its 2010 Rules of
Procedure; and
(iii) Requests the Complainants to forward submissions on the Merits within sixty
(60) days of notification pursuant to Rule 108(1) of the 2010 Rules of Procedure.
MERITS
Summary of the Parties' Submissions
Complainant's submission on the merits
107.
(i)
(ii)
(iii)
The Complainants make their submissions in three arguments which are:
Whether the Respondent State violated Articles 5 of the Charter and Article
4(2)g of the Maputo Protocol for failing to take appropriate measures to
prevent, condemn and respond to trafficking of the victim by providing
redress and prosecuting the perpetrators?
Whether the Respondent State violated Articles 2 and 18 (3) of the Charter
and Article 2 of the Maputo Protocol by discriminating against the victim
and;
Whether the victim is entitled to remedies from the Respondent State?
108.
The Complainants preface their submissions with an over-arching
argument to the effect that Article 1 of the Charter imposes on the Res ondent
State, the duty to protect human rights which has two po
the
first, to prevent others from violating human rights and b_
te
3
and prosecute those violations. Citing the SERA.C3
at
"governments have a duty to protect their citizens, not
te
legislation and effective enforcement, but also by protec
g
33 Comm. No. 155/96 (2001) The Social and Economic Rights Action Centre (SERA
21