Respondent State, it can issue a decision on the basis of the submissions of
complainant(s).14 Consequently, the Commission makes the following analysis
on Admissibility relying on the information at its disposal.
43. As indicated
above, the Complainants' observations relate solely to the
exhaustion of local remedies. However, before analysing Article 56(5) of the
African Charter, the Commission notes that the other conditions set out in
Article 56 of the African Charter have been met. In particular, the author of the
Communication has been identified, the Corrifuunication reveals prima facie
violations of the African Charter by a State ,Party~ is hot inconsistent with the
Constitutive Act of the AU or the African Gharter and the Commission finds
no insulting or disparaging language in the Communication. Furthermore, the
Commission notes that the Communication is based <;mvarious reports from
international
and national organisations such hs the; World Health
Organization, UNFP A, Allan Guttm:acher, the Center for Reproductive Rights
and the Women Advocacy Research and Documentation Centre.lf and is
therefore not exclusively based on media reports. Finally, the Commission has
found no evidence tliat the issues .and claims contained in the Communication
have been brought bef8t~ or resqlved'by any-other international jurisdiction.
"',.,
,
.
,/~'~"
:"f·· •
1
*'\'"
44. Consequently, the Commission/is of the view that the requirements
Articles 56(1), (2), (3), (4) and (7),'0fthe African Charter have been met.
45. Regarding Article 56(5), the Commission notes that communications
under
should be
submitted after local remedies, if any, nave been exhausted, unless it is clear
that'this procedure is unduly prolonged. The rule requiring the exhaustion of
local' remedie$' (l~,(lcondition for bringing a complaint before the Commission
is premised on~tI1eprinciple that the Respondent State should first have the
opportunity, ro;,r.eah~l~,-px,its own means, within the framework of its own
domestic legal'" system, 'the wrong that has allegedly been done to the
individual.I6:~
8