guarantees the res judicata status of decisions issued by international and regional
organs mandated to adjudicate human rights cases.
13. In line with the above, regarding the current Communication, the Committee notes
that the requirement of ‘pending settlement or has been settled by another body’ shall
be understood to say that the case in question should be pending or already settled
by a body that has the mandate to reach a decision that binds that State concerned.
The spirit and wording of Section IX (1)(C) of the Revised Communication Guidelines
is clear that it is not referring to all kinds of mechanisms available at international or
regional levels, rather it is referring to procedures that are capable of redressing a
violation as it uses the term ‘settlement’. In its admissibility ruling on the case of Project
Expedite Justice and others v The Sudan, where the Respondent State argued that
the same matter is pending before another procedure as the United Nations Security
Council was considering the issue, the Committee held that ‘[f]or the Committee to
consider any other procedure as considering or having settled a matter, the body or
procedure must be able to address in substance the rights given to the child by the
African Children’s Charter. Hence, the organ or body in question must have a mandate
comparable to the Committee.’4 Since the UN Security Council does not have a
mandate comparable to the Committee; the Committee decided that the matter cannot
be regarded as pending before another international procedure and therefore
dismissed the argument of the Respondent State in the stated case. Drawing
inspiration from other jurisdictions, the Committee refers to the decision of the Human
Rights Committee (HRC) on the Celis Laureano v Peru case, where the HRC held
that international settlement for admissibility does not include extra-conventional
procedures that are tasked with assessing or reporting on certain human rights
violations in specific territories.5 More similar to the case at hand, in the Madoui V
Algeria case, the HRC declared the case admissible, although the same issue has
been submitted before the UN Working Group on Enforced or Involuntary
Disappearances as such mechanisms are not what are meant by international
settlement under its Optional Protocol.6 Likewise, the African Commission on Human
and Peoples’ Rights outlined that a case is deemed settled if it is considered by an
international treaty body or adjudication mechanism.7 The Commission further
mentions that consideration by another international procedure entails a procedure
that ‘is capable of granting declaratory or compensatory relief to victims, not mere
political resolutions and declarations’ and hence matters considered by the UN
Security Council or Human Rights Council are not precluded from being entertained
by the Commission.
14. The Committee also notes that the mandate of the Special Rapporteurs or Working
Groups of the Human Rights Council is limited to sending communications to the
4
ACERWC, Communication No 0011/Com/001/2018, Decision on Admissibility No 01/2019, Project
Expedite Justice and others v The Sudan, para 37
5 Human Rights Committee (HRC), Communication 540/1993, Celis Laureano v Peru, (25 March 1996),
para 7.1
6 HRC, Communication 1495/2006, Zohra Madoui (represented by counsel, Nassera Dutour) v Algeria
Decided at 94th session, 28 October 2008, CCPR/C/94/D/1495/ 2006 para 6.2.
7 ACHPR, Communication 279/03, Sudan Human Rights v The Sudan; ACHPR, Communication No 296/05
Centre on Human Rights and Evictions v The Sudan, May 2009, para 104.
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