38. Article 56(2) of the African Charter provides that a 'Communication should be
compatible with the Charter and the Constitutive Act of the African Union'.
Compatibility requires that the alleged violations must be submitted by a
person competent to do so against a State Party to the African Charter (ratione
personae); relating to rights guaranteed by the African Charter (ratione materiae);
that occurred at a time when the African Charter was operational in the State
Party (ratione temporis); and within the territory of the said State (ratio loci) 4 .
39. From its reading, the Commission considers that the present Complaint reveals
prima facie violations of specific provisions of the African Charter occurring
within the territorial sphere of the Kingdom of Lesotho, a State Party to the
Charter, at a time when the Charter was operational in the said State.
40. The Commission notes, however, that the Complainants also allege that the
Complaint reveals prima facie _violations of the Maputo Protocol by the
Kingdom of Lesotho. Towards determining t}:le nature and legal value of this
claim, a brief exposition of the Commission's jurisprudence on similar
allegations proves instructive.
41 . Generally, .the Commission's jurisprudence abounds with instances of
Complainants invoking human rights treaties other than the African Charter to
substantiate their claims. A distillation of this jurisprudence reveals at least two
senses in which Co_m plainants invoke treaties other than the African Charter.
42. In the first sense, Complainants invoke international or regional treaties to
guide the Commission in its interpretation and application of the Charter5.
These claims are often anchored upon Article 60 of the African Charter, which
enjoins the Comrnissfonto 'draw inspiration from international law on human
and peoples' rights' adopted by African countries. In this way, the Commission
has managed to draw upon more definite provisions contained in other
international instruments to provide an interpretive base for the Charter's
broad provisions. While the Commission draws inspiration from these other
treaties, the Communications are nevertheless decided with reference to the
African Charter. Accordingly, the Commission does not stricto sensu interpret
and apply the "inspiring" treaty during consideration of a Communication6 .
43. ln the second sense, Complainants invoke an international or regional treaty
and not just as an interpretive tool for the African Charter7. In such instances,