- �CHP: • , . � ACH PR African Commission on Human Rights our ,. Human and Peoples' Rights Collective Responsibility 44. In relation to the criterion of compatibility with the African Charter, the Commission has determined that a Communication submitted to the Commission will be considered if certain conditions are met. These conditions include the State being a party to the African Charter, the alleged violations of rights falling within the scope of rights protected by the African Charter, and the alleged violations occurring within the territory or jurisdiction of the concerned State after the African Charter enters into force for that specific State. 45. In the present case, the Communication is submitted against the Respondent State, a state party to the African Charter. The alleged violations occurred within the territory of the Respondent State and after the ratification of the African Charter, as the alleged violations are indicated to have occurred from 2017, while the Respondent State ratified the African Charter on 1 0 February 1992. The Communication alleges the violation of rights guaranteed in Articles 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 22, and 24 of the African Charter. In view of the above, the Commission considers that the admissibility requirement of Article 56(2) of the African Charter is satisfied. 46. Pursuant to Article 56(3) of the African Charter, which states that 11 Communications . . . received by the Commission shall be considered if they are not written in disparagi.ng or insulting language directed against the State concerned and its institutions or to the Organisation ofAfrican Unity now African Union (AU), 11 the Commission acknowledges the subjective nature of determining what qualifies as disparaging or insulting language. 2 Statements that may be considered disparaging or insulting to one person may not be perceived similarly by another. After evaluating the submissions of the Complainant, the Commission determines that the language used does not fall under the category of insulting or disparaging within the context of Article 56(3) of the African Charter. Therefore, the Commission concludes that the Communication complies with Article 56(3) of the African Charter. 47. According to Article 56(4) of the African Charter, Communications should not solely rely on news disseminated through the mass media. After careful examination, the Commission has determined that the Communication in question does not exclusively rely on news from mass media sources. Instead, it is supported by factual evidence presented by the Complainant based on his personal experience. Consequently, the Communication adhere.s:::��b.!e 0 provisions of Article 56(4) of the African Charter. ./ ,o"' ::1:::� 0 .,, "' / ., c,"' ({: �) \ - 2 Communication 266/03- Kevin Ngumne v Cameroon, para 75 9 "'o � \ <:. 1. "- �'-l' ,o "o 0 g <, A U -IJ A '- '\I 4FR1C i.-1'" v"' � °' <v -.:,<i" q,;; An Organ o' the Afriqan f,), LJ n 10n ,,.r,i'.) 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