58. Thus, the IHRDA contends that it is not required to prove legal
interest, but that it suffices to show that it is interested in the protection
and promotion of human rights through the African regional
mechanism. Similarly, it notes that the “citizenship” of the IHRDA,
which is not registered in Ethiopia, is irrelevant to the admissibility of
the Communication; and argues that such a restrictive approach would
complicate matters where, for one reason or another, the “domestic
actors” are unable to lodge complaint themselves before the
Commission. It argues that such an approach would insulate the
violating states against international scrutiny and foster the culture of
impunity, which is at odds with the purpose of the Charter to promote
and protect the rights and freedoms of Africans.
59. It further contends that its line of argument is in consonance with the
practice of other regional and UN mechanisms, whereby complaints
may be lodged on behalf of alleged victims of human rights violations.
60. The IHRDA further contends that with respect to Article 56(1) of the
Charter, the provision merely requires that a Communication should
“indicate their authors”, and that is designed „to enable the
Commission‟s Secretary to remain in contact with the author, to keep
him or her informed about the status of the Communication, and to
request further information if it is required. The IHRDA disagrees
with the Respondent State‟s argument that there is no author to the
present Communication, and submits that this is a misconception of
the “victim-author” difference.
The African Commission’s Decision on Locus standi and Joinder of
Parties
Locus standi
61. The African Commission notes that neither the African Charter nor the
Rules of Procedure of the Commission makes provisions on the locus
standi of parties before it. The Commission has however, through its
practice and jurisprudence adopted the actio popularis principle
allowing everyone the legal interest and capacity to file a
Communication, for its consideration. For this purpose, non-victim
individuals, groups and NGOs constantly submit Communications to
the Commission. Thus, the Commission upholds the argument of the
IHRDA on their capacity to approach the Commission in its capacity as
an organisation with an interest in the protection and promotion of human
rights in Africa under the actio popularis principle.
62. With respect to the argument of the Respondent State that there is no
legal interest for the Institute to deal with the case, the Commission has
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