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 nd 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.

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