Commission on Human and Peoples’ Rights in the Jawara case.3 However, the
Committee reiterates that such information must be corroborated by other
evidence.4 In the present case, the Committee observes that the Communication
relies not only on media reports but also on credible sources, including reports of
United Nations agencies such as UNICEF, as well as studies, documentary
evidence, and other data. The Committee, therefore, finds that the Communication
is not solely based on media reports and that the condition under Section IX (1) (b)
is fulfilled.
19. The third condition under Section IX (1) (c) of the Communications Guidelines,
which requires that a Communication should not be pending before other
mechanisms. As far as the Committee’s investigation goes, and, in the absence of
any response or objection from the Respondent State, no similar issue is pending
before any other adjudication mechanisms. Hence, the Committee finds that the
condition under Section IX (1) (c) of the Communications Guidelines is met.
20. The fourth condition under Section IX (1) (d) of the Communication Guidelines
relates to the requirement that a Communication should be filed before the
Committee after exhaustion of local remedies. the Committee notes the
Complainants’ submission that local remedies have not been exhausted but that
an exception should apply. Substantiating their arguments, the Complainants
submit that the Respondent State has been duly notified about the ongoing
violations through various channels including the reports of UN Agencies and other
NGOs, the concluding observations and recommendations of the UN Committee
on the Rights of the Child, and other NGOs and yet failed to take action; that the
violations are massive affecting large numbers of children; and that the remedies
required entail criminal investigation and prosecution by the Respondent State.
21. The Committee has pronounced itself in the Nubian Case where it has extensively
addressed the rationale for the requirement of exhaustion of local remedies. In the
Nubian Case the Committee elaborated that the main purpose of the requirement
of exhaustion of local remedies is to inform and afford the Respondent State an
opportunity to redress the violations at the domestic level.5 While recognising the
Complainants obligation to exhaust local remedies, the Committee reiterates, this
requirement is not intended to create an impediment to accessing international
redress mechanisms6. In the present case, the Complainants have demonstrated
that the Respondent State has been notified about the ongoing violations against
children accused of witchcraft both at domestic and transnational levels. While
3
4
5
6
ACHPR, Communications 147/95 and 149/96, Sir Dawda K Jawara v The Gambia (2000) AHRLR
107 (ACHPR 2000) para 25.
As above, Para 26.
ACERWC, Communication no 002/2009, Institute for Human Rights and Development in Africa
(IHRDA) and other (on behalf of children of Nubian Descents in Kenya) v Kenya, Decision no
002/2011, para 26-27.
ACERWC, Communication no 012/Com/001/2019, Center for Reproductive Rights and Legal
and Human Rights Center (on behalf of Tanzanian girls) v Tanzania, Decision no
0012/Com/001/2019, para 17;
6