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Human and Peoples' Rights
repercussions for bringing domestic action against the Respondent State. Citing
a "Campaign for Reform of the World Bank" report, the Complainants claim that
"no groups are talking publicly about the risks of the dams due to concerns of
government persecution".
38. Further citing an Amnesty International Report, the Complainants argue that
NGOs are unable to bring actions on behalf of the Victims because one of the
effects of the Respondent State's Charities and Societies Proclamation is
"entrench ... and institutionalise the climate of fear pervading the work of human
rights defenders in Ethiopia".
39. The Complainants argue further that apart from the difficulties already pointed
out, there appears to be no fora capable of providingeffectiye +~f!,I,'ess
for a Victim
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in the Respondent State because "neither the Human Rights'Commission nor the
courts are able to provide the Lower Omo peoples with an effective remedy". The
Complainants contend that the Ethiopian Human Rights Commission lacks the
power to provide effective redress while the courts are physically and financially
inaccessible to the Lower Omo peoples.
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40. While it concedes that the access to justice situation in the Respondent State has
improved since 2004,the Complainant alleges that the Lower Omo communities,
including individual members of those communities cannot afford a lawyer and
no member of those communities is a qualified lawyer that can take up the case.
41. The Complainants argue further that the Lower Omo peoples are also prevented
from exhausting local remedies because there is no procedure for bringing legal
action relating to peoples' rights before courts of the Respondent State since only
individual rights are accorded legal recognition. The Complainants allege further
that even a representative action is not possible as organizations such as the
Mursi Indigenous Community Association which could have brought such
action have had their licences revoked without reasonable cause. Accordingly,
the Complainants conclude that there are no adequate, effective and sufficient
local remedies to be exhausted.
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