AC H PR
African Commission on
Human and Peoples' Rights
Human Flights our
Collective Responsibi lity
70. In Promoting Justice for Women and Children (PROJUST NGO) vs.
Democratic Republic of Congo, the Commission noted that the requirement in
Article 56(6) is tied to the requirement of exhaustion of local remedies so much so
that the point of departure of the reasonable time is from the date of exhaustion of
local remedies . It is not worthwhile to analyse Article 56(6) of the African Charter
when failure to exhaust local remed ies has been established. 38 In this
communication , the Commission has established that the Complainant failed to
exhaust local remedies. Consequently, the need to analyse the condition of Article
56(6) of the African Charter in the present Communication also falls away.
Article 56(7)
71 . Finally, Article 56(7) of the African Charter states that 'Communications relating to
human and Peoples' Rights ... shall be considered if they do not deal with cases
which have been settled by the states involved in accordance with the principles
of the Charter of the United Nations, or the Charter of the Organization of African
Unity or the provisions of the present Charter. ' This condition codifies the principle
of non bis in idem or res judicata by requiring that the matter referred to it should
not be pending before another body on the merits. 39
72 . In Luke Munyandu Tembani and Benjamin John Freeth (represented by
Norman Tjombe) v Angola and Thirteen Others, the Commission averred that
the provision requires that a case "no longer be under consideration under an
international dispute-settlement procedure"40 Additionally, the case must have
been decided on the merits and a 'final settlement' given by that body. 41 The
settlement must be from an 'adjudication mechanism with a human rights
38
Communication 278/03: Promoting Justice for Women and Children (PROJUST NGO)
Republic of Congo (2012) ACHPR, para 75-76.
39 Communication 260/02: Bakweri Land Claims Committee v Cameroon, 4 December
4 Communication 409/12, 30 April 2014, para 112.
. :
41 Communication 260/02: Bakweri Land Claims Committee v Cameroon, 4 Dec 2004)
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