the norms and procedures established by the American Convention on Human
Rights .. . for lodging and considering petitions ... " meant that the InterAmerican Commission was not precluded from transmitting such cases to the
Court in accordance with Articles 44 to 51 of the American Convention. The
Court determined that the "literal meaning of Article 12 of the Convention of
Belem do Para grants the Court jurisdiction, by not excepting from its
application any of the procedural requirements for individual
communications".
75. The above seems to suggest that inter-American instruments which confer
jurisdiction on the Inter-American Commission do likewise for the Court.
Considering that there are a number of inter-American instruments which
nevertheless confer express concurrent jurisdiction to both treaty bodies, such
as the Protocol of San Salvador30, the above interpretation may not be strictly
"literal" as otherwise categorised. Nevertheless, the above serves as useful
precedence for a contextual reading of complimentary instruments regulating
the role of complementary bodies.
76. The Commission draws further inspiration from the Inter-American Court in
the above case, which disting1;1-ished three kinds 9f treaties. Namely, treaties
which do not establish a petition system, treaties which establish a petition
system for specific substantive provisions, and treaties which establish a
comprehensive petition system. The Inter-American Court held "that the
jurisdiction that the American Convention confers on the Court ensures that,
when a petition system has been established, a guarantee exists that, if
appropriate, the Court will exercise judicial control of the matter" 31 .
77. In our context, the Kampala Convention32 falls under the first category as it
does not establish a petition system for alleged violations of its substantive
provisions in contrast to the third category of treaties, including the Maputo
Protocol, where parties are permitted to submit petitions with respect to the
entirety of substantive provisions. Notably, the African human rights system
does not contain the second category of treaties mentioned above. This
Commission considers that like the Inter-American Court, where a treaty
adopted as a supplement to the Charter provides a complaints mechanism, a
guarantee exists that the Commission as the premier human rights institution
on the continent and the organ initially tasked with the supervision of the
Charter, exercises judicial control over such supplementary treaties unless
expressly prohibited. Moreover, it is highly unusual for treaty bodes with
original contentious jurisdiction over a parent treaty to lack said jurisdiction
30
31
Art icle 6 Additional Protocol to the American Convention on Human Rights in the Area of Econ~~<2:__I
and Cultural Rights (''Protocol of San Salvador"), 16 November 1999, A-52 .
o" Hu~, 4 ~:---:.
Id, para 57 .
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