6     information disseminated by the media. After preliminary enquiries conducted by the Committee, it has become apparent that the case has not been the subject matter of another investigation, procedure or international regulation/adjudication. 22. Moreover, it is the view of the Committee that the Communication, which was initially submitted in 2005, and further consolidated/updated in 2010 (with a French translation and a submission on admissibility) was brought within a reasonable period of time after the Authors decided that the exhaustion of local remedies in the Communication at hand would not be available, effective and adequate. The Committee has also gone through the Communication in detail, and has not found any wording used in the Communication that can be considered to be offensive. 23. The Committee also applied its mind in determining whether the exhaustion of local remedies, as required by the Guidelines, has been met. 24. As was already highlighted by the Committee’s decision in the children of Nubian descent Communication,3 while the rationale behind the rule that local remedies must be exhausted is mainly to respect state sovereignty and also to give the State concerned the opportunity to address alleged violations, it is not without exceptions, especially in order to promote and protect children’s best interests. Such remedies should be available, effective, and adequate. And   Article 46 of the African Charter allows the African Committee to draw inspiration, amongst others, from the African Charter on Human and Peoples’ rights and the African Commission. 25. The Authors have argued, by relying on jurisprudence from the African Commission, that a remedy “can only be said to be ‘available’ if it can be utilized as a matter of fact ‘without impediment’, is ‘effective’ if it ‘offers a prospect of success’, and ‘sufficient’ if it is capable of ‘redressing the wrong’ complained of”. As a result, the Authors argue that while it might have been possible to exhaust local remedies theoretically, the practical application is impossible as a result of the fact that security is a serious concern. 26. The Authors have also indicated that, despite their skepticism about the availability, effectiveness and adequacy of remedies in Uganda, they have attempted (in collaboration with CSOs) to approach national courts, but the prospect of success of doing so were reportedly impossible due to the impact of the conflict on relevant state institutions in the region, as well as security concerns which also would make evidence gathering extremely risky and difficult. 27. The Authors have also argued that the fact that the alleged violations can be categorized as massive/large scales of violations of children’s rights and involve                                                                                                                 3 Institute for Human Rights and Development in Africa (IHRDA) and Open Society Justice Initiative (on behalf of Children of Nubian Descent in Kenya) v. the Government of Kenya, Decision No 002/Com/002/2009, African Committee of Experts on the Rights and Welfare of the Child (ACERWC), 22 March 2011.

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