violate the rights under the Charter. To determine the present Communication on the
merits, the Commission would undertake the same exercise as the one that would have
been undertaken by the relevant domestic body: interpreting the rights guaranteed
under the Charter alleged to have been violated and assessing whether the impugned
provisions of domestic law and the measures taken under them are consistent with the
rights so interpreted.
55. To make the point vivid, a “constitutional review” would have entailed
determining a constitutional dispute. In terms of domestic law, a constitutional dispute
arises when a federal or state law, or a decision rendered by any government organ or
official is contested as contradictory to the Constitution.18 A constitutional challenge
could thus have canvassed the measures taken against the first Complainant as well as
the impugned provisions of the CSO Proclamation.
56. It is apt to highlight that the Charter rights referenced in the present
Communication are also guaranteed under the FDRE Constitution. Specifically, Article
7(1) of the Charter on the right to have one’s cause heard is guaranteed, among others,
as a right of access to justice under Article 37 of the Constitution. Article 9(1) and (2) of
the Charter guaranteeing the rights to receive information, and express and disseminate
opinions are also protected under Article 29(2) of the Constitution. Similarly, Article 10
of the Charter on freedom of assembly is also guaranteed under Article 31 of the
Constitution. Further, Article 15 which guarantees labour rights finds its equivalent in
Article 42 of the Constitution. Even the general obligation under Article 1 of the Charter
has its near equivalent in Article 13(1) of the Constitution. Additionally, Article 40 of the
Constitution is the counterpart of Article 14 of the Charter guaranteeing the right to
property.
57. In light of the above considerations, the Commission cannot accept that
challenging the constitutionality of the measures adopted against the first Complainant
On this, Art. 83(1) of the Constitution provides that “All constitutional disputes shall be decided by the
House of Federation.” In terms of Art. 84(2) of the Constitution and Art. 6(2) of Proclamation 250/2001
establishing the Council of Constitutional Inquiry (CCI), a constitutional dispute arises “Where any
Federal or State law is contested as being unconstitutional”. Art. 17(1) of Proclamation 250/2001 vests the
power to investigate constitutional issues in the CCI. In terms of Art. 17(2) of the same Proclamation,
constitutional issues arise “where any law or decision given by any government organ or official is
alleged to be contradictory to the Constitution…”
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