declared Admissible, which apply conjunctively and cumulatively.4 The Complainant submits that the present Communication satisfies all the conditions for Admissibility required under Article 56 of the African Charter. 32. The Commission observes that notice was sent to the Respondent State on several occasions requesting its observations on the Complainant's arguments on Admissibility. The Respondent State however failed to submit its observations within the prescribed time periods. The Commission recalls its decision in Institute for Human Rights and Development in Africa (on behalf of Esmaila Connateh and 13 others) v Angola,5 wherein the Commission concluded that in situations where a State Party fails to submit its observations in accordance with the Rules of Procedure in spite of notice to that effect, the Commission “has no option than to proceed with its consideration of the Communication”.6 Accordingly, the Commission undertakes the following analysis on the basis of information made available to it by the Complainant. 33. With regard to the requirement in Article 56(1) of the African Charter which provides that Communications should “indicate their authors even if the latter requests anonymity”, the Commission notes that the identity and the address of the Complainant have been indicated. Accordingly, the Commission finds that the Communication satisfies the requirements under Article 56(1). 34. In relation to Article 56(2) of the African Charter, the Commission notes the submission of Complainant that the issues at hand are within the scope of the Constitutive Act of the African Union and the African Charter. Article 56(2) of the African Charter provides that Communications shall be considered if they ‘are compatible with the African Charter of the Organisation of African Unity of with the present African Charter’.7 35. The Commission recalls its jurisprudence that in order to satisfy the requirements under Article 56(2), the Communication must demonstrate a prima facie violation of the African Charter, and in this instance, the Communication alleges violations of Articles 2, 3, 9, and 13(1) of the African Charter. The Commission notes that the Communication 304/2005 - FIDH & Others v Senegal (2006) ACHPR para 38 Communication 292/04 - Institute for Human Rights and Development in Africa (on behalf of Esmaila Connateh and 13 others) v Angola (2008) para 34 6 Communication 159/1996 - Union Inter Africaine des Droits de l’Homme, Federation Internationale des Ligues des Droits de l’Homme, Rencontre Africaine des Droits de l’Homme, Organisation Nationale des Droits de l’Homme au Sénégal and Association Malienne des Droits de l'Homme v Republic of Angola (1997) ACHPR; Communication 276/03 - Centre for Minority Rights Development (Kenya) and Minority Rights Group (on behalf of Endorois Welfare Council) v Kenya (2009) ACHPR 4 5 The African Charter of the Organisation of African Unity has now been replaced by the Constitutive Act of the African Union (AU Constitutive Act). 7 6

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