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12. At its 26 Ordinary Session held in Kigali, Rwanda, the African Commission decided to be seized
of communications 233/99 and 234/99 and requested the parties to furnish it with additional
information on its admissibility in accordance withArticle 56 of the Charter.
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13. On 17 January 2000, the Secretariat conveyed the above decision to the parties and forwarded
a copy of the summary of the communication and the original text of the complaint together with the
documents attached thereto.
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14. On 30 April 2000, during the 27 Ordinary Session of the African Commission, the Allard K.
Lowenstein International Human Rights Law Clinic at the Yale Law School in the United States
submitted an amicus curiae brief to the African Commission on the complaint brought against Ethiopia.
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15. At its 27 Ordinary Session held in Algeria, the African Commission heard the representatives of
the parties on the admissibility of the case. It declared both communications admissible and requested
parties to submit their arguments on the merits. The various parties were informed accordingly of the
decision of the African Commission.
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16. At its 28 Ordinary Session held in Cotonou, Benin, the African Commission heard both parties.
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17. At its 29 Ordinary Session held in Libya, the African Commission heard both parties and
decided to consolidate communications 233/99 and 234/99 . The African Commission deferred
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consideration both communications on the merits to the 30 Ordinary Session and invited parties to
the communications 233/99 and 234/99 to submit arguments for the purpose of clarifications in terms
of Rule 104 of the Rules of Procedure of the African Commission:
a. On the desirability or otherwise of considering the communications under the provisions of Article
47 to Article 54 of the African Charter on Human and People’s Rights on communications between
States and to follow the procedure laid down thereunder;
b. On the extent to which matters covered by the complaint are the subject of the Peace Agreement
between the Government of Democratic Federal Republic of Ethiopia and the Government of State of
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Eritrea signed in Algiers on 12 December 2000, including the mechanism for the consideration of
claims by individuals in either State whose citizenship may be in dispute Article 5(8) ;
And in the alternative:
c. Indicate the relevance or otherwise of Article 56 (7); and
d. Whether a final decision on the merits at this stage will have an impact and what effect, if any, that
would have on the peace process between the two countries.
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18. On 18 June 2001 both parties were informed of the African Commission’s decision and were
invited to forward their submissions on the above-mentioned questions.
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19. At its 30 Ordinary Session held in Banjul, The Gambia, the African Commission heard oral
submissions from all the parties and decided as follows :
the Governments of the Federal Democratic Republic of Ethiopia and the State of Eritrea
should submit claims relating to the abovementioned communication to the Claims Commission;
that any correspondence relating to communication 233/99 and 234/99 made to the Claims
Commission should be copied and forwarded to the African Commission;
to postpone further consideration on the merits of communication 233/99 and 234/99 to the
31st Ordinary Session to ascertain whether matters covered by the communication are also
covered by and have been submitted to the Claims Commission.
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20. On 24 October 2001 the parties were informed of the decision of the African Commission.
21. During the 31st Ordinary Session of the African Commission, Eritrea submitted a letter from the
President of the Claims Commission. In that letter the President of the Claims Commission states to
the effect that, Eritrea and Ethiopia can provide the African Commission with copies of their
statements of claim or other appropriate information relating to the Claims Commission if required by
the African Commission.