the Commission considers that these factors meet the requirements for
derogation from exhausting local remedies provided for in Article 56(5) of the
African Charter.
55. Concerning Article 56(6) of the African Charter, which provides that
communications should be submitted within a reasonable period from the time
local remedies are exhausted or from the date the Commission is seized of the
matter, the Commission notes that the timeliness requirement of Article 56(6)
of the Charter is dependent on the exhaustion of local remedies provided for in
Article 56(5) of the African Charter.?' Given that the Communication falls
within the scope of the derogation relating to the principle of exhausting local
remedies, the requirement to respect time limits is also considered to fall within
the scope of this derogation.
Decision of the African Commission on Admissibility
56. For the above reasons, the Commission declares the Communication
admissible in accordance with Article 56 of the African Charter.
On the Merits
Complainant's Submissions on the Merits
Violation of the right to life
57. The Complainants contend that the failure of the Nigerian government to
reduce the high levels of preventable maternal deaths and injuries constitutes
a violation of the right to life under Article 4 of the African Charter on Human
and Peoples' Rights (African Charter) and Article 4 of the Protocol to the
African Charter on Human and Peoples' Rights on the Rights of Women in
Africa (Maputo Protocol) .
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58.
21 Communication
322/2006:
Tsatu Tsikata v. Ghana (2006) ACHPR para. 37.
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