6. The current Communication is submitted pursuant to Article 44 of the Charter
which allows the Committee to receive and consider complaints from “any person,
group or non-governmental organization recognised by the Organization of the
African Unity, Member States, or the United Nations on matters covered by the
Charter’’. The Complainants, therefore, have identified themselves as Mr. and
Mrs. Elogo Menye and Rev. Daniel Ezo’o Ayo represented by the law firm of
Etoungou Nko’o Henry Charles. The Complainants also stated that the
communication is directed against a State Party to the African Children’s Charter,
as the respondent State ratified the Charter on 5 September 1997, and within
whose jurisdictions the violations of the rights enshrined in the Charter have
allegedly been committed.
7. As provided under Section II and Section IX of the Revised Communication
Guidelines, the admissibility of a communication submitted pursuant to Article 44
is subject to conditions relating to authorship, form and content as considered
below:
i. Requirement as to Authorship
8. Section I Article1(C) of the Revised Communications Guidelines provides that a
Communication may be presented by any individual or group of natural or legal
persons.
9. The Committee notes that the Communication explicitly states the names of the
authors, Mr. and Mrs. Elogo Menye and Rev Danield Ez’o Ayo. Therefore, the
Committee holds the view that the Complainants have complied with Section 1
Article 1(C) of the Revised Communication Guidelines.
ii. Requirements as to Form
10. The Complainants submitted that the present Communication satisfies the
requirement as to form as set out in Section 2 (2) of the Revised Communication
Guidelines, which states that a Communication can only be considered by the
Committee if it is not anonymous, it is written in one of the official languages of
the Committee, it concerns a State signatory to the Charter and it is duly signed
by the complainant or her/his representatives. In this regard, the Committee notes
that the Communication submitted is written in English and French, which are the
Official languages of the Committee, and it is made against a State Party to the
Charter. Therefore, the Committee concludes that the complainants have
complied with the requirement as to form as laid down in the Communication
Guidelines.
iii. Requirements as to Content
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