57. Article 56(1) of the Charter provides that Communications submitted to
the Commission should ‘indicate their authors even if the latter requests
anonymity.’ In the context of Article 56(1), “authors” could be victims
and Complainants depending on how the Communication was filed.
58. In Malawi Africa Association et al. v Mauritania,7 the Commission
interpreted the essence of the requirement under Article 56(1) of the
Charter to require that “communications should indicate the names of
the authors and not those of all the victims of the alleged violations.”8
59. Notwithstanding the above, this Communication identifies the name of
the Complainant submitting the Communication, that is, the Ethiopian
Human Rights Project, as well as the Complainant’s Legal
Representatives, the IHRDA, and Robert F. Kennedy Human Rights,
none of whom requested anonymity.
60. The Complainant, Ethiopian Human Rights Project, is an Ethiopian
Non-Governmental Human Rights Organization based in Ethiopia that
deals with the human rights situation in the country. The IHRDA is an
NGO based in Banjul, The Gambia, and the Robert F. Kennedy Human
Rights is based in the United States. While the locus standi of the latter
NGO may be an issue, the Commission has adopted a comprehensive
approach to locus standi, extending access to victims, non-victims, and
NGOs.
61. In its jurisprudence, the Commission has shown that the authors of a
Communication need not be citizens or residents of a State Party to the
African Charter or located in any African Union Member State. This was
the position in Maria Baes v. Zaire,9 where a Danish national
submitted a Complaint on behalf of Dr. S.N Kandola of the University
of Kinshasa in Zaire. Other examples include Annette Pagnoule (on
behalf of Aboulaye Mazou) v Cameroon,10 submitted by Ms.
Pagnoulle of Amnesty International and Curtis Francis Doebbler v
Sudan,11 filed by an American citizen. Based on the foregoing, the issue
of locus standi does not arise in this Communication.
62. The next question that comes to mind is whether the interpretation of
Article 56(1) of the Charter also requires that victims be stricto sensu
7Communications
No. 54/91-61/91-96/93-98/93-164/97_196/97-210/98 Malawi Africa Association et al v
Mauritania 2000.
8 As above, para 79.
9 Communication 31/89
10 Communication 39/90
11 Communication 236/2000
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African Commission on Human and Peoples’ Rights
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West Coast Region, The Gambia,
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Email: au-banjul@africa-union.org
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