opportunity ‘to redress… within its own domestic legal system, the
wrong alleged to have been done to the individual’.27
81. The Complainants invoke the exceptions to the above requirement and
contend that the Communication satisfies Article 56(5) of the Charter.
The Complainants specifically argue that domestic remedies are
unavailable, inadequate, and inefficient, and therefore, it would be
impractical, undesirable, and unreasonable to expect the Complainants
to pursue and exhaust them.
82. In interpreting Article 56(5) of the Charter, the Commission has
reiterated that the phrase ‘if any’ translates to the fact that only
domestic remedies that are available, effective, and sufficient need to be
exhausted by a Complainant before approaching the Commission. It is
the Commission’s position that a domestic remedy is available when it
can be pursued without impediment; it is deemed effective if it offers
prospects of success and is sufficient if it can redress the complaint.28
83. The Commission’s consistent position on the principle of exhaustion of
local remedies presupposes:
i.
the existence of domestic procedures for dealing with
the claim;
ii.
the justiciability or otherwise, domestically of the
subject matter of the complaint;
iii.
the existence under the municipal legal order of
provisions for redress of the type of wrong being
complained of; and
iv.
the availability of effective local remedies, that is,
remedies sufficient or capable of redressing the wrong
complained.29
84. The Complainants advance three main arguments about the nonexhaustion of local remedies:
i.
ii.
The fact that the Communication is submitted on behalf of
the entire Ethiopian electorate, and by extension, the scale
of human rights violations and the number of victims
involved;
General fear of persecution of the victims; and
27 Communication No. 71/92 - Rencontre Africaine pour la Defence des Droits de l'Homme v. Zambia (n 1
above).
28 Jawara v The Gambia (n 3 above).
29 Communication No. 275/03- Article 19 v Eritrea, para 47.
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African Commission on Human and Peoples’ Rights
31 Bijilo Annex Layout, Kombo North District,
West Coast Region, The Gambia,
Phone: (220) 230 4361 Fax: (220) 441 05 04
Email: au-banjul@africa-union.org
https:/achpr.au.int/