in the Applicant‟s complaint – confirms this, as does the fact that this
Commission has dealt with several Complaints alleging similar violations.
50. The Complainant contends that the seizure of this Communication by the
African Commission at the Ordinary Session of April 2009 is an indication that
the alleged violations detailed in it are compatible with the African Charter6. This
in effect means that the African Commission can consider this application.
51. The Complainant argues that the African Commission‟s protective mandate
entitles it to assess and analyse the application of domestic legislation ratified by
member states and to establish whether the application of those laws, policies
and practices conflict with a state‟s international human rights obligations. The
implementation of the Court Order by the Respondent State and the
interferences of the Authorities in the judicial proceedings which the Applicants
believed to be their only hope of securing redress for their grievances, infringed
the Applicants right to property (14) and to a fair trial (Art.7) under the African
Charter.
52. The Respondent State is therefore erroneous to assert that the Complaint only
concerns rights provided for by domestic law. The actions of the Respondent
State and its impact on the Applicants fall within the purview of the African
Charter and therefore, the African Commission is empowered to consider the
compatibility of those actions with the African Charter. The Government of
Ethiopia ratified the Charter on 15 June 1998 and in so doing unreservedly
accepted
the
competence
of
the
African
Commission
to
consider
Communications alleging all African Charter violations.
6
Article 56(2) of the African Charter.
14