7. According to section VII (1) of the Revised Communication Guidelines
(hereinafter the Revised Guidelines), the Committee may adopt a provisional
measure where it considers that one or more Communications submitted to it
or pending before it reveal a situation of urgency, serious or massive violations
of the African Children's Charter and the likelihood of irreparable harm to a child
or children in violation of the African Children's Charter.
8. The African Court of Human and People's Rights, in the case of The African
Commission on Human and Peoples' Rights Vs. The Republic of Kenya, stated
that for a provisional order to be issued there needs to be a situation of 'extreme
gravity and urgency, as well as a risk of irreparable harm'. In the case of John
Lazaro Vs. The Republic of Tanzania as well as in the case of the African
Commission on Human and Peoples' Rights Vs. Great Socialist People's
Libyan Arab Jamahiriya, the Court looked in to the gravity and urgency of the
violation in conjunction with the eminence of an irreparable harm in contrary to
rights recognized in the relevant treaty in order to decide the necessity of a
provisional measure.
9. In the present communication, the Complainants stated that there is an urgent
need for the Committee to intervene immediately to stop the violation of the
rights under the Charter. However, the Complainant has not stated the
likelihood of an irreparable harm on the enjoyment of the rights under the
Charter. In determining the need for a provisional measure, the Committee
looks in to the gravity and urgency of the situation,·and the irreparable nature
and imminence of the harm in question.
10.The Committee has not been provided with adequate evidence that there is a
situation of gravity and urgency that can result in an irreparable harm in violation
of the rights provided in the Charter. Therefore the Committee does, inspired
by the jurisprudence of the Court and in line with its Guidelines, finds that the
requirements for issuance of provisional measure are not met.
IV.
The African Committee's Analysis and Decision on Admissibility
11.The current Communication is submitted pursuant to Article 44 of the African
Children's Charter which allows the Committee to receive and consider
complaints from "any person, group or non-governmental organization
recognized by the Organization of the African Unity, Member States, or the
United Nations on matters covered by the Charter". The Complainants,
therefore, have submitted that they have the competence to submit the
communication based on this provision. The Complainants also stated that the
communication is directed against a State Party to the African Children's
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