declared Admissible, which apply conjunctively and cumulatively.4 The
Complainant submits that the present Communication satisfies all the conditions
for Admissibility required under Article 56 of the African Charter.
32. The Commission observes that notice was sent to the Respondent State on several
occasions requesting its observations on the Complainant's arguments on
Admissibility. The Respondent State however failed to submit its observations
within the prescribed time periods. The Commission recalls its decision in
Institute for Human Rights and Development in Africa (on behalf of Esmaila
Connateh and 13 others) v Angola,5 wherein the Commission concluded that in
situations where a State Party fails to submit its observations in accordance with
the Rules of Procedure in spite of notice to that effect, the Commission “has no
option than to proceed with its consideration of the Communication”.6
Accordingly, the Commission undertakes the following analysis on the basis of
information made available to it by the Complainant.
33. With regard to the requirement in Article 56(1) of the African Charter which
provides that Communications should “indicate their authors even if the latter
requests anonymity”, the Commission notes that the identity and the address of
the Complainant have been indicated. Accordingly, the Commission finds that the
Communication satisfies the requirements under Article 56(1).
34. In relation to Article 56(2) of the African Charter, the Commission notes the
submission of Complainant that the issues at hand are within the scope of the
Constitutive Act of the African Union and the African Charter. Article 56(2) of the
African Charter provides that Communications shall be considered if they ‘are
compatible with the African Charter of the Organisation of African Unity of with
the present African Charter’.7
35. The Commission recalls its jurisprudence that in order to satisfy the requirements
under Article 56(2), the Communication must demonstrate a prima facie violation
of the African Charter, and in this instance, the Communication alleges violations
of Articles 2, 3, 9, and 13(1) of the African Charter. The Commission notes that the
Communication 304/2005 - FIDH & Others v Senegal (2006) ACHPR para 38
Communication 292/04 - Institute for Human Rights and Development in Africa (on behalf of Esmaila
Connateh and 13 others) v Angola (2008) para 34
6
Communication 159/1996 - Union Inter Africaine des Droits de l’Homme, Federation Internationale des Ligues
des Droits de l’Homme, Rencontre Africaine des Droits de l’Homme, Organisation Nationale des Droits de
l’Homme au Sénégal and Association Malienne des Droits de l'Homme v Republic of Angola (1997) ACHPR;
Communication 276/03 - Centre for Minority Rights Development (Kenya) and Minority Rights Group (on
behalf of Endorois Welfare Council) v Kenya (2009) ACHPR
4
5
The African Charter of the Organisation of African Unity has now been replaced by the Constitutive Act
of the African Union (AU Constitutive Act).
7
6