Communication 341/07 - Equality Now v Ethiopia
produced title deeds for the house to the Commission. Moreover, the Commission
has on record Ms Negash's own correspondence terminating legal representation
by Ethiopian Women Lawyers Association. From the date of such termination,
EWLA had no basis for purporting to represent Ms Negash in negotiations with the
Respondent State.
157.
Notably, Ms Negash, who proceeded on the understanding that the settlement
negotiations had been terminated, states that she no longer has interest in the
house. In any event, she has since left the country and the house may not be of
much immediate benefit to her. It is immaterial if she is away from her country on
leave of absence or having sought asylum there.
In the circumstances, the
Commission considers that the house can be processed to form part of reparations
that have practical utility to Ms Negash.
158.
Regarding compensation as a form of reparations or remedies, the Commission
notes that monetary compensation for non-material damage is at large and is
determined as a matter of impression, taking into account all the relevant
circumstances of the case as opposed to a mathematical formula. The relevant
circumstances include the physical, psychological, and emotional trauma that Ms
Negash suffered as a result of the primary violations by the private individuals, as
well as the denial of justice by the Respondent State's failures. The Complainant
suggests a monetary award in the range of US$250,000.00 to US$500,000.00.
Nothing has been offered to justify this range. The Commission does not have any
comparable awards in its jurisprudence. This makes the relevant award even the
more at large. Having considered the matter, the Commission deems that a lump
sum award of US$150,000.00 suffices as equitable and fair compensation to Ms
Negash. If indeed the Respondent State built the house as indicated, it is at liberty
to sell the same to defray part of this lump sum award.
159.
The Complainant also requests that the Respondent State should repeal the
Charities and Societies Proclamation which is being used to stifle the work of civil
society organisations working on human rights. The Commission notes that the
Complainant only included this issue in the reply. It was not part of the case
advanced at the admissibility stage. As result, the admissibility of this issue was not
considered on admissibility, and the Respondent State has had no chance to present
its observations on the same. The Commission declines to consider the attendant
praver.
Decision of the Commission on the merits
160. In light of the foregoing, the African Commission on Human and Peoples^