Rule 105(2) of the Rules of Procedure 2010, under which
Communication was instituted, no response has been received.
37.
this
In such cases, the Commission has held that in the absence of a substantive
response from the Respondent State, it must decide on the facts provided
by the Complainant. This is in accordance with the practice of the
Commission as articulated in Institute for Human Rights and Development
in Africa v. Republic of Angola, Communication 155/96- Social and
Economic Rights Action Center for Economic and Social Rights v. Federal
Republic of Nigeria6 and several other communications
,where the
Commission re-affirmed its position by holding that" ... it would proceed
to consider Communications on the basis of the submission of the
Complainants and information at its disposal, even if the Respondent State
fails to submit." Accordingly, the Commission undertakes the following
analysis on admissibility, on the basis of the available arguments and facts
of the Complainant's submission on admissibility.
Analysis of the Commission on Admissibility
38.
The Commission recalls that Article 56 of the African Charter governs the
admissibility of Communications and sets out seven (7) requirements based
on which the Commission assesses the admissibility of Communications
submitted before it. For a Communication to be deemed admissible by the
Commission, it must meet the (7) requirements which apply conjunctively
and cumulatively.
39.
Inrelation to the requirement in Article 56(1) of the African Charter, which
provides that 'Communications should indicate their authors even if the latter
requests anonumitv', the Commission notes that the Communications
identify the author and address of the Complainant. Accordingly, the
Commission finds that the Communication satisfies Article 56(1) of the
African Charter.
40.
With respect to Article 56(2) of the African Charter which states that
,Communications ... received by the Commission shall be considered if they are
compatible with the Charter of the Organisation of African Unity or with the
present Charter', the Communications are brought against the Republic of
Kenya, a State Party which ratified the African Charter on 23 January 1992.
The Communications allege violations of the rights contained in the African
Charter, in particular, rights guaranteed under 2, 3, 4, 5,7,8, 13, 14, 15, 16,
17,18,19,22 and 24 of the African Charter. Given that the Co
'cations
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Communication 155/96- Social and Economic Rights Action Center, Center fo ~bn68t1c ~tr SO ~
Rights v. Federal Republic of Nigeria. Also see Communication 292/04 - Ins' ... for.H~Right%
and Development in Africa v. Republic of Angola, para. 34 and Communicat1Qn 159/911 Unipn 'futer'O
Africaine des Droits de I'Homme, Federation Internationale des Ugues d~ ~r its tie l:,Homme, ,
Rencontre Africaine des Droits de l'Homme, Organisation Nationale des Droits ~del'l-lomme auSenegal
and Association Malienne des Droits de l'Homme v. Republic of Angola.
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