in Bob Njoku vs. Egypt,17 where the Commission “had rightfully rejected
the argument of the Respondent States on similar grounds and
declared the Communication Admissible”.18
102. The Complainants conclude that the seven admissibility
requirements have been effectively complied with in the present
Communication and respectfully requested the African Commission to
declare the Communication admissible.
The African Commission’s analysis on Admissibility
103. The admissibility of Communications submitted before the African
Commission pursuant to Article 55 of the African Charter is governed
by the seven conditions set out in Article 56 of the African Charter. The
Complainants submit that they have complied with all the
requirements. However the Respondent State argues that the
Communication does not meet certain requirements under Article 56,
in particular, Article 56(2), (5) and (7).
104. The African Commission notes that only three of the requirements
seem to be in dispute between the parties, but will proceed to examine
all seven requirements to ensure they meet the admissibility test.
105. Article 56(1) of the African Charter states that “Communication
relating to Human and Peoples’ Rights… received by the Commission
shall be considered if they indicate their authors even if the latter
request anonymity…”The Communication indicates the authors as
well as the victims of the alleged violations, and the African
Commission therefore holds that the requirement under Article 56(1)
of the African Charter is fulfilled.
106. Article
56(2)
of
the
African
Charter
states
that
“Communications…received by the Commission shall be considered if
they are compatible with the Charter of the Organization of African
Unity or with the present Charter.” The facts reveal that the
Communication is brought against the Republic of Ethiopia which
became a party to the African Charter 1998, secondly the
Communication alleges violations of rights contained in the African
Charter. The State argues that the Communication is incompatible with
the Charter as it does not indicate any provision of the Article alleged
to have been violated. The Commission notes that the Complainants
submissions on admissibility details the rights allegedly violated and
specifically cited the corresponding Articles of the Charter. The
Commission concurs with the Complainants that the Complainants
17
18
Communication 40/90.
Comm 40/90 : Bob Njoku vs. Egypt, Para 56.
20