(1) indicate their authors even if the later request anonymity; …. “
It is very clear that Article 56(1) simply requires that the Communication
74.
indicate its author(s), even if they would like to remain anonymous. This
provision does not specify which parties have standings before the African
Commission. Indeed nowhere is it stated within the African Charter or African
Commission‟s Rules that there should be a link between the author of a
AC
HP
R
Communication and the victim of a human rights violation.
75.
In fact, the African Commission has interpreted the relevant Article 56(1) of
the African Charter, and also addressed the question of locus standi before it in
the Consolidated case of Communication 54/91, 61/91, 98/93, 164/97, to 196/97,
210/98.2 In this case, the African Commission held that:
“Article 56(1) of the Charter demands that anyone submitting Communications to
the Commission relating to human and peoples‟ rights must reveal their identity.
They do not necessarily have to be victims of such violations or members of their
families. This characteristic of the African Charter reflects „sensitivity to the practical
difficulties that individuals can face in countries where human rights are violated.
The national or internationals channels of remedy may not be accessible to the victims
themselves or may be dangerous to pursue.”3 There is therefore no requirement of
legal interest for the authorship of a Communication.4
76. Consequently, the African Commission has, through its practice and
jurisprudence, adopted a generous access to its Complaint Procedure. It has
adopted the actio popularis principle, allowing everyone the legal interest and
capacity to file a Communication, for its consideration. For this purpose, nonvictim individuals, groups and NGOs constantly submit Communications to the
2
Malawi African Association, Amnesty International, Ms Sarr Diop, Union Interafricaine des Droits de l’Homme and
RADDHO, Collectif des Veuves et Ayants-droit, Association Mauritaneinne des Droit de l’Homme/ Mauritania.
3
Ibid.
4
See also, WOAT/OMCT v Zaire [Communication No. 25/89, 47/90, 56/91, 100/93]
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