which operates under the African Charter, necessarily extends to the Protocol
as a supplement to the Charter. A finding that the Court's establishment ousts
the Commission's 111aterial jurisdiction certainly violates the Complementarity
relationship between the Commission and Court.
88. In summary, a systematic interpretation of the Maputo Protocol reveals that the
complementary relationship between the latter instruments as well the two
bodies tasked with overseeing their implementation necessitates the exercise of
the Commission's contentious jurisdiction. The jurisdiction explicitly conferred
to the Commission for the promotion and protection of human and peoples'
rights under Article 45 of the African Charter cannot be effective where it fails
to address the gendered nature of rights violations on the continent. The
exercise of the Commission's contentious jurisdiction over the Maputo Protocol
is to complement'its existing functions under the Charter.
2.3
Compatibility with the Maputo Protocol
89. Having found that the Commission has the requisite subject-matterjurisdiction
over the Maputo Protocol, it follows that the Commission must now determine
whether the other elements of compatibility are present in this Communication.
To that end, this Commission has already found that the violations occurred in
the Kingdom of Lesotho and finds also. that they occurred at a time when the
Kingdom was a State Party to the Maputo Protocol.
3. Disparaging or insulting language (Artide 56 (3))
90. In accordance with Article 56 (3) of the African Charter, the Commission
co:asiders that this Communication is not written in disparaging or insulting
language.
4. News disseminated through mass media (Article 56(4))
91. As required under Article 56 (4) of the African Charter, the Communication is
not exclusively based on news disseminated through the mass media. As
indicated by the Complainants, they have not relied on any media source and
they have submitted evidence in the form of judgments passed by the Courts
of the Respondent State and copies of the laws at the centre of this matter.
5. Exhaustion of domestic remedies (Article 56(5))