alleges violations of Articles 1,7,14 and 26 of the African Charter and as such
state that the Article 56(2) has been complied with. The Respondent State on the
other hand argues that, the Complainant has failed to comply with the
requirements of Article 56(2), because the right to conduct a mining operation is
accorded by Proclamation No.52/1993 of Ethiopian laws and not by the African
Charter.
63. The African Commission observes that the Communication is brought against
the Democratic Republic of Ethiopia which became a party to the African Charter
on 15 June 1998, and also alleges violations of rights contained in the African
Charter, in particular, rights guaranteed under Articles 1,7,14 and 26 of the
African Charter. Having identified the violation of certain rights guaranteed
under the African Charter, which Ethiopia is a party to and which the African
Commission has a mandate to promote and protect, it holds that the
requirements under Article 56(2) of the African Charter have been fulfilled.
64. Article 56(5) of the African Charter states that „Communications relating to
human and peoples‟ rights… shall be considered if they: are sent after exhausting
local remedies, if any, unless it is obvious that this procedure is unduly
prolonged‟. The Complainant submits that the Applicants have duly exhausted
all the domestic remedies available to them in Ethiopia for the purpose of Article
56(5) of the African Charter by undertaking the following steps in their quest for
remedies before the Ethiopian judicial systems:
i.
On 10 June 2005 and 25 January 2006, the District Court ruled in favour of
the Applicants. On 20 March 2007, the District Court rejected the
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