submissions of the Respondent States, the African Commission comes to the conclusion that Ethiopia
and Eritrea do not wish to initiate an inter-state complaint before the African Commission; furthermore
they believe that the complaint against them that is before the African Commission should be
dismissed as they believe that the Ethio-Eritrean Claims Commission would be better suited to handle
the matters raised in those complaints. The African Commission cannot and will therefore not consider
the communication under Articles 47 - 54, a procedure relating to the consideration of inter-state
communications.
The extent to which matters covered by the complaints are the subject of the Peace
Agreement between the Governments [of] Ethiopia and Eritrea signed on 12th December
2000, including the mechanism for the consideration of claims by individuals in either State
whose citizenship may be in dispute (Article 5 (8) )
45. The matters raised by the Complainants before the African Commission relate to abuse of human
rights of people in violation of the provisions of the African Charter by the governments of Ethiopia and
Eritrea during the period of the Ethiopia-Eritrean Conflict.
46. Article 5 (1) of the Peace Agreement between the Respondent States establishes a Claims
Commission and further spells out its mandate. Article 5(1) of the Peace Agreement provides:
"(1) Consistent with the Framework Agreement, in which the parties commit themselves to addressing
the negative socio-economic impact of the crisis on the civilian population, including the impact on
those persons who have been deported, a neutral Claims Commission shall be established. The
mandate of the Commission is to decide through binding arbitration, all claims for loss, damage or
injury by one Government against the other, and by nationals (including both neutral and juridical
persons) of one party against the Government of the other party or entities owned or controlled by the
other party that are:
(a) related to the conflict that was the subject of the Framework Agreement, the Modalities for its
Implementation or, Cessation of Hostilities Agreement, and
(b) result from violations of international humanitarian law, including the 1949 Geneva Conventions, or
other violations of international law.”
47. The mechanism for considering claims brought by Ethiopia and Eritrea is governed by Article 5
(8) of the Peace Agreement which provides:
“(8) Claims shall be submitted to the Commission by each of the parties on its own behalf and on
behalf of its nationals, including both natural and juridical persons. All claims submitted to the
Commission shall be filed no later than one year from the effective date of this agreement. Except for
claims submitted to another mutually agreed settlement mechanism in accordance with paragraph 16
or filed in another forum prior to the effective date of this agreement, the Commission shall be the sole
forum for adjudicating claims described in paragraph 1 or filed under paragraph 9 of this Article, and
any such claims which could have been and were not submitted by that deadline shall be
extinguished, in accordance with international law.”
48. As part of their submissions on the clarification sought by the African Commission, the
government of Ethiopia forwarded documents relating to the Claims Commission’s hearings that were
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held from 1st to 2 July 2001. During the hearings, the Claims Commission addressed itself to the
nature of the claims that the governments of Ethiopia and Eritrea will place before it. The Claims
Commission was of the view that its jurisdiction under Article 5 (1) includes two basic types of claims.
The Parties may file traditional Inter-State claims under the principles of the law of State Responsibility
for injury to the Claimant State. These may include claims for injuries to the State occurring by reason
of injuries to its nationals in violation of international law.
Or, the Parties may choose to file the claims of individual nationals that fall within the scope of Article
5(1).
The Claims Commission is open to either approach, or to a combination of them, so long as no
duplicate compensation for the same injury results.