90. Article 56(6) provides that Communications should be submitted “within a reasonable period from the time local remedies have been exhausted or from the date the Commission is seized of the matter”. The Complaint in this case was submitted within 11 months after the exhaustion of local remedies which the Commission considers it to be reasonable. The Respondent State has also not contested the Admissibility of the Complaint based on this requirement. Accordingly, the Commission rules that the requirement under Article 56(6) is fulfilled. 91. Lastly, Article 56(7) of the African Charter requires the Complaint not to be one settled before any international organs. The Complainant has submitted that the Complaint has never been submitted before any other international organ for settlement, and this claim goes unchallenged by the Respondent State. Thus, the Commission is of the view that the requirement under this provision is complied with. Decision of the Commission on Admissibility 92. In view of the above, the African Commission on Human and Peoples' Rights declares this Communication Admissible.5 MERITS Summary of parties’ submissions A. Complainants’ Submissions (i) Alleged violation of Article 1 of the Charter 93. Article 1 of the Charter provides that State Parties “… shall recognise the rights, duties and freedoms enshrined in the Charter and shall undertake to adopt legislative and other measures to give effect to them.” Complainants cite Social and Economic Rights Action Center (SERAC) and Centre for Economic and Social Rights (CESR) v Nigeria (SERAC Case) (2001) ACHPR6 in which the Commission expounds that the general obligations under Article 1 the Charter give rise to the positive duties to protect, promote, and fulfil; and the negative duty to respect the rights under the Charter. They submit that this Communication concerns the negative duty to respect, which obligates states to refrain from taking measures (including adopting and applying legislation) which unjustifiably curtail or prevent individuals from enjoying the rights and freedoms.7 47th Ordinary Session, 12 – 26 May, 2010 Communication 155/96 - Social and Economic Rights Action Center (SERAC) and Centre for Economic and Social Rights (CESR) v Nigeria (SERAC Case) (2001) ACHPR 7 Ibid, para. 45 5 6 14