based on information circulated by the media; it has not been considered according
to another investigation, procedure or international regulation.
15.The Complainants submit that exhaustion of local remedy in this matter is
‘unnecessary considering the best interests of the number of children whose rights
are being violated’ relying on a decision of the African Commission on Human and
Peoples’ Rights (ACHPR/the Commission) in African Institute for Human Rights and
Development v Guinea.’ In the cited Decision, the Commission held that a local
remedy could not be exhausted given the number of potential victims who were in
the region since it would be impractical for them to approach the courts. The
Complainants are of the view that international law requires that the exhaustion of
domestic
remedies
should
only be in respect of those that are available,
effective
and adequate. And the Complainants argue that there is no effective judicial remedy
for the talibes insofar as actio popularis in the Respondent State’s courts is not in
favour of the talibes as they do not have standing to do so. In addition, the
Complainants have invoked the jurisprudence of the Commission which reveals that
in cases of “serious and massive violations”, local remedies need not be exhausted.®
In this case, it is the Complainants’ submission that the failure by the Respondent
State to protect “so many” children on the streets in the State’s major cities where
they suffer “egregious violations” of their rights enshrined in the Charter for so many
years amount to “serious and massive violations”.
ACERWC’s analysis and decision on admissibility
16.The Committee notes that the Complainants are non-governmental organizations
recognized by the African Union through the Commission; and are doing so on
behalf of victim talibes in the Respondent State and therefore can be the authors of
the Communication.
17.The Committee also notes that the Complainants have satisfied the conditions and
requirement as to form as laid down in Chapter 2 Article 1(I) of the Committee’s
Communication Guidelines, i.e. the communication explicitly states the name of the
authors, is well written and concerns a State Party to the Charter.
18.In
the
matter
of content
of the
Communication,
the
Committee
agrees
that
the
communication is compatible with the Constitutive Act of the AU and the Charter as
it concerns violations of the provisions of the Charter. The Committee notes the
Commission's Decision in Zimbabwe Human Rights NGO Forum v Zimbabwe’ to the
effect that to be compatible with the Charter, the communication has only got to
7 (2004) ACHRLR 57 (ACHPR 2004) para 34.
® See
for instance
Organisation
Mondiale
contre
la
Democrates, Commission Internationale de Juristes,
Rwanda (1996) (No's. 27/89-46/91-99/93) para 18.
° Communication No. 245/2002 ACHPR.
Torture,
Union
Association
Interafricaine
Internationale
des
droits
des
Juristes
de I'Homme
v