Human Rights our
Collective Responsibility
43. With regards to Article 56(5) of the African Charter, the Respondent State
contends that local remedies have not been exhausted despite the fact that they
are available, effective and sufficient. The Respondent State submits that contrary
to the claims in the Complaint, its legal system provides for both the legislative
and the institutional framework for the realisation of the rights of the Victims in
this Communication.
44. On the legislative framework, the Respondent State submits that Article 40(5) of
its Constitution as well as its Rural Land Administration and Land Use
Proclamation No 456/2006 jointly guarantee pastoralists such as the Victims a
right of access to land and a right not to be displaced from their own lands
without the payment of compensation proportional to the developments made
on the land. The State Party states further that the rights claimed on behalf of the
Victim are all guaranteed in its Constitution in addition to the fact that by Article
9(4) of its Constitution, international agreements such as the African Charter are
an integral part of its domestic law and serve as a basis for legal claims before its
national courts.
45. The Respondent State submits further that local remedies are available to the
Victims because under its laws, an alleged victim of human rights violation has
an option to either approach the Ethiopian Human Rights Commission or the
regular courts for redress. The Respondent State contends that access to its
Human Rights Commission is open to anyone including spouse, family member,
representative or even a third party acting on behalf of an alleged victim. Based
on its submission that none of these national institutions were approached, the
Respondent State contends that available effective and sufficient local remedies
have not been used by the Complainants and the Communication should be
declared inadmissible.
Complainant's Comments on Respondent State's Submission
46. The Complainants submit, in response to the Respondent State's observations,
that effective and sufficient local remedies are not available to the Victims
because only a court order would assist the Victims in prohibiting their
involuntary displacement.
47.