invoke provisions of the law which are presumed to have undertaken issue been violated.'° The Committee in this matter also agrees with the Complainant that the Communication is not solely based on information circulated by media; rather it is based on information provided, inter alia, by the alleged victims primarily through personal interviews of the talibes made by the complaining NGOs and information obtained from reports made by credible organisations. In addition, the Committee has investigation and confirmed that the considered in another international procedure. at hand has not been 19.In considering whether or not the Complainants have exhausted local remedies available in the Respondent State, the Committee would like to reiterate its position that is stated in Children of Nubian Descents Case."' In that communication, the Committee held that Article 46 of the Charter mandates it to draw inspiration from International Law on Human Rights. Basing this explicit legislative mandate, the Committee made ‘reference to laws, and jurisprudence from other countries or treaty bodies in Africa and elsewhere." 20.The Committee would also like to draw inspiration from the ACHPR in considering the requirement to exhaust local remedy. In Sir Dawda Jawara v The Gambia"® the Commission held that a remedy is considered “available” if the complainant can pursue it without impediment"*. it is deemed “effective” if it offers a prospect of success; and it is found “sufficient” if it is capable of redressing the complaint.’® Therefore, it is a well-established jurisprudence of the Commission that ‘only domestic remedies that are available, effective, and adequate (sufficient) that need to be exhausted’.'® As such, the Commission has recognized that the exhaustion of prior domestic remedies implies and assumes the availability, effectiveness and sufficiency of domestic adjudication procedures. If local remedies are unduly *© See also FIDH, Organisation nationale de droits de I’Homme (ONDH) and Rencontre africaine pour la défense des droits de I'Homme (RADDHO) v Senegal Communication No. 304/2005 ACHPR. ‘' The decision on communication 002/2009 IHRDA and OSJI (on behalf of children of Nubian descent in Kenya) v Kenya, adopted by the ACERWC on 22 March 2011, during its 17th Ordinary Session held in Addis Ababa. Ethiopia from 22-29 March 2011. "2 Nubian case, para 25. ‘3 Dawda Jawara v. The 147/95 and 149/96 (2000). Gambia, African Commission on Human and Peoples' Rights, Comm. Nos. a Similarly, the decision of the Commission in Anuak Justice Council v Ethiopia [op. cit, para. 51] requires that ‘three major criteria could be deduced in determining the rule on the exhaustion of local remedies, namely: that the remedy must be available, effective and sufficient. [Ceesay v The Gambia Communication 86/93]. According to the Commission, a remedy is considered to be available ‘if the petitioner can pursue it without impediments or if he can make use of it in the circumstances of his case.’ [Sir Dawda K. Jawara v The Gambia, op. cit, para. 31]. ‘8 Sir Dawda K. Jawara v The Gambia, ibid, paras 31 and 32. ‘© Constitutional Rights Project [CRP] v Nigeria Communication No. 60/91. See too citations therein pertaining to the jurisprudence of the African Commission in this regard and Dawda Jawara v The Gambia Communication Nos. 147/95 and 149/96, para.32. 6