the current one, it, however, notes that the remedy is unjustifiably and unduly
prolonged which makes it not suitable for the Complainants to pursue.
iii.
Whether the Communication is presented within a reasonable time after
exhaustion of local remedies.
22. The third issue on admissibility relates to time. The Respondent State submits that the
Communication does not satisfy the requirement under Section IX (1) (e) of the
Revised Communication Guidelines which requires complaints to be submitted within
a reasonable time after exhausting local remedies. The notion of this requirement is
to ensure that Complainants who allege violations act with due diligence in pursuing
their cases. The requirement aims at preventing delays in reaching out to international
bodies after exhausting local remedies the main goal being to prevent what is known
as ‘abuse of the right to submission’ in other jurisdictions.25 Even though there is no
provided time under the Revised Communication Guidelines on the number of years
within which cases should be submitted before the Committee after the period of
exhaustion of local remedies, the Committee draws inspiration from the approach of
the Human Rights Committee where it says no delay is acceptable without reasonable
justification.26 Hence, given this rationale of the provision under the Guidelines, the
argument of the Respondent State that the case is premature and hence not submitted
within a reasonable time is misguided and out of the context of the requirement under
Section IX (1) (e).
23. As to the other conditions of admissibility, the Committee does not observe any
irregularity and no contention has been raised by any of the parties to the
Communication.
24. For the forgoing reasons, the Committee finds that the present Communication is
admissible as per its requirements under article 44 of the Charter and Section IX (1)
of the Guidelines for Consideration of Communications.
IV.
Submission on the Merits of the Communication
The Applicants’ Submission on the Merits
25. The Complainants allege that the United Republic of Tanzania has failed to uphold its
obligation to respect, protect, and fulfil the rights of Tanzanian girls as envisioned
under the African Charter on the Rights and Welfare of the Child (herewith ‘the
ACRWC,’ ‘the Charter,’ or ‘the African Children’s Charter’), to which the Respondent
State is a Party to, through the following conduct:
a) Enforcing mandatory pregnancy testing in schools;
b) The expulsion of pregnant and married learners from schools;
c) The denial of re-entry to schools after childbirth;
25 Article 3 of Optional Protocol to the International Covenant on Civil and Political Rights, 16 December
1966.
26 HRC, Communication 767/1997, Mr Vishwadeo Gobin v Mauritius (16 July 2001), para 6.3.
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