one of the reasons for the exhaustion of local remedies is to give notice to the
concerned State about the alleged violations so that it gets the opportunity to address
the allegation. In this regard, the Committee, in addition to the local remedies sought
by one of the Complainants, refers to the attempts by various international and
regional interventions that have drawn the attention of the Respondent State on the
same matter covered in the current Communication. In this regard, the Committee
particularly refers to the joint letter of urgent appeal by the Committee and the African
Commission on Human and Peoples’ Rights sent to the Respondent State regarding
the right to education of pregnant girls on 21 July 2017 with Ref:
ACHPR/LPROT/SM/652/17 regarding the school attendance by pregnant girls and
young mothers in the Respondent State. In such circumstances, the Committee takes
a strong view that it is against the best interests of the girls in the Respondent State
to subject them to prolonged domestic proceedings on a matter that the Government
of the Respondent State is well aware of. Moreover, the Committee declines the
argument of the Respondent State that resorting to international human rights
mechanisms without finalising cases at the domestic level is against the subsidiarity
principle of transnational systems. The Committee is duly cognizant that regional and
international mechanisms are subsidiary to domestic systems and such principle is
reflected under its Revised Communications Guidelines prescribing exhaustion of
local remedies as one criterion for admissibility of any communication. However, as
explained earlier, this criterion is not without exception and the exceptions in no way
compromise the principle of subsidiarity.
21. Concerning the submission of both parties on the availability of domestic remedy, the
Committee makes reference to some of the instances where the remedies have been
rendered to be unavailable including when the power or competence of the local
courts have been ousted by decrees or any form of decisions; when there is fear for
life if the case is brought before local courts,21 and when the remedies available are
non-judicial or are discretionary.22 The Respondent State argues that the attempt of
the Complainants to seek remedy is proof that remedy is available and cited cases
where courts ruled favourably in cases that involved systematic issues like child
marriage. The Committee takes the view that exemptions to exhaustion of local
remedies are assessed on a case-by-case basis. The African Commission, as well as
the Inter-American Court of Human Rights, have both indicated the same, that the
availability and effectiveness of a local remedy is assessed on a case-by-case basis.23
A remedy may be available according to the general principle or practice of the
Respondent State, however, if the Complainants are not able to use it in their
circumstances, it may be regarded as unsuitable for the case.24 While the Committee
is convinced that a remedy may be available in the Respondent State for cases like
21 ACHPR, Communications 147/95 and 149/96, Sir Dawda K Jawara v The Gambia, (May 2000), para 34-
35.
22 H Onoria ‘The African Commission on Human and Peoples’ Rights and the exhaustion of local remedies
under the African Charter’ (2003) 3 African Human Rights Law Journal, 5; ACERWC, Communication No
002/2009, Institute for Human Rights and Development in Africa (IHRDA) and other v Kenya (March 2011)
para 30.
23 ACHPR, Communication 299/05, Anuak Justice Council v Ethiopia (May 2006), para 49; Inter American
Court of Human Rights, Fairén-Garbi and Solís-Corrales v. Honduras, Preliminary Objection, para 89.
24 Inter-American Court of Human Rights, Durand and Ugarte v. Peru, Preliminary Objection, 1999.
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