I~CH't\ ACH PR
(i
'"J African Commission on
Human Rights our
Collective Responsibility
Human and Peoples' Rights
~(W,l\fj~
72. Regarding the Complainants' claim that the Respondent State's legal system has
no procedure for claiming collective rights, the Commission notes that the
Respondent State replies that its courts are independent and open to everyone
with "a justiciable matter". The Respondent State fails to respond to the specific
claim that no procedure exists for claiming collective rights protected in the
African Charter.
73. The Respondent State does not also demonstrate how the courts could have
provided effective and sufficient remedies for the Victims in this particular
circumstance. As the Commission has previously noted, merely listing "in
abstract" the existence of remedies without relating them to the circumstances of
the case, and without showing how they might provide effective redress in the
circumstances of the case" does not satisfy the onus on the State Party to
demonstrate the existence of local remedies that the Complainant ought to
exhaust. 20
74. The Commission takes the view that the Respondent State has failed to supply
enough specific evidence to demonstrate that available local remedies have the
potential to be effective and sufficient in addressing the claims of the Victims in
this Communication. Accordingly, the Commission finds that the Respondent
State has not satisfactorily discharged the onus placed on to show that effective
and sufficient local remedies exist which the Complainant ought to have
exhausted. No burden has therefore shifted back to the Complainant.
75. Accordingly the Commission is convinced that the State Party has not provided
effective and sufficient remedies that the Victims could have accessed. The
Commission therefore takes the view that one of the exceptions to the
requirement to exhaust local remedies applies to this Communication as there are
no remedies to be exhausted. The Commission finds that Article 56(5) of the
African Charter has been satisfied.
Decision of the African Commission on Admissibilih)
76. In view of the above, the Commission declares this Communication Admissible
in accordance
20 Article
with Article 56 of the African Charter.
19 v Eritrea (2007) ACHPR para 73. Also see Communication
Faso (2003) HRC.
An Orgall of the
Afric;an (~t~)
Union \.~
15
1159/2003