massive violations in which it may be impossible for the complainants to
identify all victims'."
26. The Complainants also refer to the case of the African Institute for Human Rights
and Development v. Guinea, regarding 5,000detained Sierra Leonean refugees, in
addition to an unknown proportion of the 300,000Sierra Leonean refugees who
also suffered violations, in which the Commission found that an impractical
number of potential complainants would severely overburden the national
judicial system if even a slight majority of victims chose to pursue legal
redress.>
The Complainants argue that the Commission found the
Communication admissible because it fell within the scope of a derogation, that
exhausting remedies was impractical due to the large number of victims.
27. The Complainants claim that a similar situation arises in the present
Communication. They submit that the Respondent State is unable to provide
effective redress through local remedies to the large number of victims, who
cannot be identified. The Complainants also contend that 'Nigeria has the
second highest number-of maternal deaths in the world, with more than 40,000
women dying each yea from ca es related to pregnancy or childbirth, or
about 110 women a day, ana 20 to 30 times as many women suffering from
maternal morbidity.
28. The Complainants claim that the Communication also includes the thousands
of women who survive pregnancy, and childbirth, but who nonetheless suffer
violations 0 their rights due to the denial of quality care as a result of financial,
institutional and infrastructural barriers. This is compounded by the conflict in
northern Nigeria, which has displaced 1.5 million people and resulted in the
pregnancy-byzape of hundreds of women and girls captured by Boko Haram.
The Comp~).VJlntsstate'tHat as a result of the conflict, essential reproductive
and maternal health care remains inaccessible to tens of thousands of women,
which has exacerbated the already disproportionately high rates of maternal
mortality and morbidity in the northern regions.
29. The Complainants claim that they represent all the victims of a single year,
which may amount to one million women, but also the cumulative number of
millions of victims from previous years. The Complainants further argue that
it would be neither possible nor reasonable to require each of the thousands, if
,not millions, of Nigerian women who have suffered preventable maternal
health violations to exhaust local remedies.
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