AC H PR African Commission on Human and Peoples' Rights Human Flights our Collective Responsibi lity 70. In Promoting Justice for Women and Children (PROJUST NGO) vs. Democratic Republic of Congo, the Commission noted that the requirement in Article 56(6) is tied to the requirement of exhaustion of local remedies so much so that the point of departure of the reasonable time is from the date of exhaustion of local remedies . It is not worthwhile to analyse Article 56(6) of the African Charter when failure to exhaust local remed ies has been established. 38 In this communication , the Commission has established that the Complainant failed to exhaust local remedies. Consequently, the need to analyse the condition of Article 56(6) of the African Charter in the present Communication also falls away. Article 56(7) 71 . Finally, Article 56(7) of the African Charter states that 'Communications relating to human and Peoples' Rights ... shall be considered if they do not deal with cases which have been settled by the states involved in accordance with the principles of the Charter of the United Nations, or the Charter of the Organization of African Unity or the provisions of the present Charter. ' This condition codifies the principle of non bis in idem or res judicata by requiring that the matter referred to it should not be pending before another body on the merits. 39 72 . In Luke Munyandu Tembani and Benjamin John Freeth (represented by Norman Tjombe) v Angola and Thirteen Others, the Commission averred that the provision requires that a case "no longer be under consideration under an international dispute-settlement procedure"40 Additionally, the case must have been decided on the merits and a 'final settlement' given by that body. 41 The settlement must be from an 'adjudication mechanism with a human rights 38 Communication 278/03: Promoting Justice for Women and Children (PROJUST NGO) Republic of Congo (2012) ACHPR, para 75-76. 39 Communication 260/02: Bakweri Land Claims Committee v Cameroon, 4 December 4 Communication 409/12, 30 April 2014, para 112. . : 41 Communication 260/02: Bakweri Land Claims Committee v Cameroon, 4 Dec 2004) l <t ° . ~ C'l l :r lI ~CX: "" "<•·RIC tl<ET

Sélectionner le paragraphe cible3

Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières