Human Rights our
Collective Responsibility
157. These observations
on the form of pr sentation of submissions strike at the
procedure of the Commission, which iJ guided by its Rules of Procedure and,
therefore, worth addressing.
158. Generally, the Commission receives and deals with communications
pursuant
to its protective mandate under the African, Charter. Article 45(2) of the African
Charter stipulates the responsibility lof the Commission to '[e]nsure the
protection of human and peoples' rig1:lt ts under conditions laid down by the
pr:sent Charte:.' One o~ ~he conditions lai~ d_own f?.: the Co~ission
to fulfil
this mandate IS the ability of the Co
ISSIOnA!~::':):q.'t'Xelop
ItS own rules of
procedure, including with respect to the agjpaicatr:(' \. of communications
submitted to it.41
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159. In this case, the operative rules of proS, ,g:u:i:,~;*1f:Q-der,,~~iC;,
was filed were the 2010 Rules of Proce'aure of"ihe Co~is
'"
'.' ' :10 Rules
of Procedure stipulate the spec,~£ic'<i~9rmatidp:\ that·;'~~;~t be ~~n ~ined in
co~unications
file~ ~efore.!. 41;VC04l~si,,?nJ9r ~~ch c6~M;ttjcations to be
seized by the Commission. 'p,: ,n~ludes t1):e:;-provIsIOnof R~le 93(2)( d) of the
,... ".
I
' .... ,
'/
Rules of Procedure of the"Commis'si~~r . hicfi)'~~9vides that Hie Secretary of the
Commission shall ensure" that Co . '!!1'" • cations ;'aadressed
~<..", .-. to the Commission
contain, among othef;''t1fi~B:&.s,
"an,<~i~eOI a. the (lC~,'Qr'situation complained of,
specifying the place-duie. and:fi4.
(f;the allege. iolaiions .
.','.
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160. From the allegations filed by' ;~,,)\Complain!itnfsbefore the Commission, the
Commi~si.on fi_~dsthat, by themsel~~~\~~: clairr:s against the Respondent State
are sufficiently-clear and meet the 4:?g~~' requirements of Rule 93(2) for the
following reas'~rls, Firstly, there i~\~;;~hown author of the complaint whose
na~y"nationality:(~nc.i signature ?f~ ide~ti£ied in the complaint. Secondly, the
a~c6~ft~<£*r~~~
a~t or.s~~~ti~~:S~,Wpl~i~e~ of, incl~ding the natu:e of the .alleged
vIOlat~?ns;'(~B'i;tm~
case, the' non··provIsI01jl of housing or alternative housing and
basic s~r,vices)~).tn~~?;:place
of the alleged violations and the period when the
violatiori;:~r~~t?onsiae~~'8::jtohave occurred are contained in the complaint. It is
based on tl\~se reasorjs of sufficient clarity that the Commission became seized
!
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161.
,,~:::,;;.,:
I
i;~;~;7~fi;;~;r;;.;~;~~;1:Pl~~~:
~~t::
complaint its.elf. ~ careful perusal ?f tTh,1
e Afri~~n Charter a~d t~Itq~~~
show that neither instrument prescnbes a specific form of wnt1;4'8W;l'fiifS"SlOfi'S~.,
~nthe pr~ce~ding.s of the Commi~sion. Hpwever, the CO~iSSt.~ Ef~eS'~~t
<"~~ .
ItS Rules m isolation. A community reading of the rules, mclu;~l'ng rfu.lY::~f(2) ott %\
the Rules of Procedure, suggests that J complainant's sUbniPssiohs ~,gc.H~st
1~
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\ .1.
41
African Charter arts 42(2) & 46.
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Page 31 of 51
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