Charter, as the respondent State ratified the ACRWC on the 9th of May 2001, and within whose jurisdictions the alleged violations of the rights enshrined in the Charter have allegedly been committed. 12.As provided under Section IX of the Revised Communication Guidelines, the admissibility of a communication submitted pursuant to Article 44 is, inter alia, subject to the condition of exhaustion of local remedies. V. Exhaustion of local remedies 13.Section IX Article 1(d) of the Revised Communication Guidelines provides that the author of a communication should exhaust all available and accessible local remedies before it brings the matter to the Committee, unless it is obvious that this procedure is unduly prolonged or ineffective. The issue of exhaustion of local remedies requires detailed consideration. At the outset, under international law a local remedy is understood to be "any domestic legal action that may lead to the resolution of the complaint at the local or national level." As this Committee in Nubian case noted, "one of the main purposes of exhaustion of local remedies, which is also linked to the notion of state sovereignty, is to allow the Respondent State be the first port of call to address alleged violations at the domestic level." 14.1nternational human rights law obliges a person whose rights have been violated to rely on domestic remedies to rectify the wrong before he/she takes the issue to an international tribunal. The idea behind this rule is that the full and effective implementation of international obligations in the field of human rights is intended to boost the enjoyment of human rights and fundamental freedoms at the national level. As the Commission in the case Free Legal Assistance Group, Lawyers Committee for Human Right, Union lnterafricaine Des Droits De L'Hommes, Les Temoins De Jehova V. DRC noted, "A government should have notice of a human rights violation in order to have the opportunity to remedy such violations before being called before an international body." 15.The rule of exhaustion of local remedies is also of a paramount importance since it reinforces the subsidiary and complementary relationship of the international system to domestic system. In principle, neither international tribunal nor regional tribunal like the ACERWC should assume place of first instance court. The fact that international and regional forums like ACERWC should be accessible is undisputable. However, such kind of forums should come in to the picture only as a measure of last resort after the domestic remedies have been exhausted and their failure is apparent. 16.However, from SeCtion IX Article 1(d) of the Revised Communication Guideline, it can be understood that there are exceptional circumstances in which the requirement of exhaustion of local remedies can be left aside. In applying the 5

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