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African Commission on
Human and Peoples' Rights
Human Rights our
Collective Responsibility
of any one of these conditions is liable to render a communication inadmissible. 16 The
Commission now considers the submissions of the parties in light of these
requirements seriatim.
Article 56(1) of the Charter
49.Article 56(1) of the Charter states that "Communications relating to Human and
Peoples' Rights ... received by the Commission shall be considered if they indicate
their authors even if the latter request anonymity ... " The requirement here is that
complainants or authors of complaints proffer their identity17 and
contact details 18 to enable the Commission to adequately process the communication
through assurances of continued interest in the matter. 19 In the present case, the
Communication is brought by Johannes Moko, who is represented by one Shadrack
Tebeile. The parties are adequately identified, the Communication duly complies with
Article 56 ( 1) of the Charter.
Article 56 (2) of the Charter
50.Article 56(2) of the Charter states that "Communications ... received by the Commission
shall be considered if they are compatible with the Charter of the Organization of
African Unity or with the present Charter. " In Communication 709/19- Senator JeanPierre Bemba Gombo v. Democratic Republic of Congo, the Commission
interpreted Article 56(2) of the Charter to require compatibility with the Constitutive Act
of the African Union or the Charter, and with the four (4) aspects of its competence,
namely competence ratione personae, materiae, temporis and loci.2 Concerning the
former, the Commission notes that this Communication seeks the protection of human
rights which is one of the objectives of the Constitutive Act of the African Union,
provided for in Article 3 (h) thereof. Furthermore, nothing in the Complainants'
submissions and Complaint reveals any incompatibility with the Charter. Concerning
jurisdiction, the Commission is satisfied that the Respondent State is party to the
Charter; 21 the Complaint alleges prima facie violations of rights protected by the
Charter; the Complaint is brought in respect of violations that occurred after [the]
Respondent State's ratification of the Charter.22 It follows that the
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have
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satisfied Article 56(2) of the Charter.
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Communication 304/2005 - FIDH & Others v Senegal (2006) ACHPR para 38
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17
Communication 308/05 : Michael Majuru v Zimbabwe, 24 November 2008, para 71.
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18
Communication 70/92_9: Ibra hi ma Dioumessi, Sekou Kande, Ousmane Kaba v Guinea, 7 . eto~~
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19
Communication 277 /2003-Spilg and Mack & Ditshwanelo (on behalf of Lehlohonolo Bern . !<g8tt1i')i1£: S'&w~"
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October 2013, para 97.
20
Para 26-29
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21 The Republic of South Africa ratified the Charter on 9th July 1996
22
Communication 266/03, 27 May 2009, para 71
71 Page
African( '
Union \ ;
The African Commission on Human and Peoples' Rights
31 Bijilo Annex Layout, Kombo North District,
West Coast Region Gambia
Phone : (220) 230 4361 Fax: (220) 441 05 04
Fm::.i l • ~11-h;::ani1 ilfm;::ifrir.;:l-1 minn nrn
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