attention of the Commission. However, having discovered that there is
a pending Communication before the Commission – i.e., based on the
same facts and alleged violations, it decided to apply to the African
Commission to be joined as a co-author of this Communication, rather
than bring a fresh Communication. The IHRDA notes that the original
author of the Communication has abandoned it and will not appear
before the Commission anymore due to clear and present threat against her
life, and as a consequence has refused to speak with the Institute or
anyone.
54. The interest of the IHRDA in this matter, especially now that original
author has abandoned the matter is stated to be related to its principal
objective, which is “providing necessary assistance and expertise…” and
supported by the principle of actio popularis.
Response from the Respondent State
55. The Respondent State argues in their oral submissions that the IHRDA
is not registered in Ethiopia and has no relationship with the victims,
and therefore does not have a “legal interest” in the Communication.
The IHRDA’s Response to the Submissions of the Respondent State
56. The IHRDA argues that there is no requirement of “citizenship” or
“legal interest” in the provisions of Article 56(1) of the Charter which
refers to the authorship of Communications (under the admissibility
requirements) before the Commission. More so, it argues, neither the
Charter‟s provisions nor the practice of the Commission imposes any
limitation on the locus standi of authors of Communications.
57. According to the IHRDA, Article 56 of the Charter provides for seven
admissibility requirements, and that the list therein is exhaustive,
adding that “Legal Interest” and “Citizenship” requirements as argued
by the Respondent State do not feature under the admissibility
requirements under Article 56, and are therefore at odds with the
Charter. It further argues that introducing these additional
requirements to the admissibility requirements under the Charter
would be tantamount to reviewing the Charter, which the Respondent
State lacks the power to do. It notes that respect for the existing text is
the practice of international mechanisms in general and of the African
Commission, in particular. The IHRDA notes further that introducing
additional requirements to the admissibility requirements under the
Charter would render the Commission inaccessible, thereby defeating
the intention of the drafters of the Charter, which encourages, rather
than stifles, the submission of human rights violations to the
Commission.
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