the time local remedies are exhausted or from the date the Commission is seized
with the matter.
53.
The Commission, in its jurisprudences, such as in Promoting justice for Women and
Children (PROIUST NGO) vs. Democratic Republic of Congo has established that what
constitutes a "reasonable period" will be determined on a case-by-case basis, 8 while
generally finding six months to be a reasonable period within which to submit a
Communication? In same vein, the Commission has established jurisprudence,
such as in the case of Promoting Iustice for Women and Children (PROILIST NGO) vs.
the Democratic Republic of Congo, that where Article 56(5) has not been complied with,
there is no reason to proceed to consider Article 56(6), as it will be concluded that
the latter has not been complied with. As such, the Commission concludes that this
communication has failed to meet the requirements of Article 56(6) of the Charter.
Article 56(7)
54.
Article 56(7) of the Charter prohibits the Commission from declaring admissible any
Communication concerning cases settled by the involved States in accordance with
the principles of the Charter of the United Nations, the Charter of the Organization
of African Unity, or the provisions of the present Charter. In the present case, the
Commission found no evidence that the Complaint is one of the cases settled in
accordance with either the principles of the United Nations Charter, the Charter of
the Organization of African Unity, or the provisions of the African Charter.
Therefore, the Commission considers that the Communication complies with Article
56(7) of the Charter.
Decision of the African Commission
55.
Given the above, the African Commission on Human and Peoples' Rights declares
the Communication inadmissible for failure to comply with Articles 56(5) and 56(6)
of the African Charter.
Done in Banjul, The Gambia, at the 79th Ordinary Session of the African Commission
on Human and Peoples' Rights held from 14 May to 03 Lune 2024.
D I@°*5§@R'Po.
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8 Communication 278/2003, Promoting Justice for Women and Children (PROJUST NGO) vs.
8 °e I§'uman
of Congo (ACHPR) para 76, Communication 340/07 - Nixon Nyikadzino (represented by Zi
resents
NGO Forum) v. Zimbabwe (ACHPR) paras 100 and 101, Communication 351/2007- Givemo §\an
Z
Gabriel Shumba) v Republic of Zimbabwe (ACHPR) para 83.
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9 Communication 308/05, Michael Majuru V Zimbabwe (ACHPR) para 109.
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