reporting cases of sexual abuse, especially in cases where the perpetrators are
unknown. Even when the perpetrators are known, the Complainants allege that proper
investigation is not carried out to prosecute them.
8. The Communication finally alleges that girls in the Respondent State are deprived of
access to sexual reproductive health information and services to prevent unplanned
pregnancies. Pregnant girls are not provided with pregnancy-related services such as
information on family planning and transmittable diseases. The Complainants allege
that lack of information and services on sexual reproductive health issues has resulted
in a high rate of teenage pregnancy and unsafe abortion, as well as a disproportionate
risk of teenage pregnant girls’ death in the Respondent State. The number of
adolescent girls who fall pregnant is higher among those with lower education, lower
income and girls in rural areas. The Complainants claim that there is a lack of
comprehensive sexual education in schools as sexuality education mainly focuses on
abstinence and is provided at the secondary education level, where girls are already
sexually active. In addition, girls are not provided with any sexual reproductive health
services or information during mandatory pregnancy testing, such as contraception
options or prevention of sexually transmitted diseases. The sexual reproductive health
services available in the Respondent State are not youth-friendly; hence, girls are not
encouraged to access such services even when available. The Communication
submits that lack of information and services on sexual reproductive health results in
unwanted and unplanned pregnancy of girls who are then forced to leave their
education due to pregnancy. It is also increasing the number of unsafe abortions
among adolescent girls, which is also exacerbated by the restrictive abortion law of
the Respondent State.
III.
The Committee’s analysis of admissibility
9. The Committee’s analysis of the admissibility of a Communication is guided by article
44 of the Charter and the Revised Communication Guidelines. According to article 44
of the Charter and Section I (1) of the Revised Communication Guidelines, nongovernmental organisations legally recognized by one or more of the Member States
of the African Union or State Party to the Charter or the United Nations, among others,
can submit a Communication before the Committee. The Committee notes that LHRC
is a non-governmental organisation registered in Tanzania and holds an observer
status before the Committee since March 2019; similarly, the Center for Reproductive
Rights is an international non-governmental organisation which has a regional office
in Nairobi and has an observer status before the Committee since November 2018.
Considering that the Complainants fulfil the requirement to access the Committee as
they are registered in Member States of the African Union and noting that their
application is filed on behalf of pregnant and married schoolgirls, the Committee
accepts the standing of the Complainants to submit the case.
10. The Committee, in analysing the admissibility of the Communication, assesses
whether the conditions of admissibility provided under Section IX (1) of the
Communications Guidelines are fulfilled. After considering the argument of the
Complainants and the Respondent State, the Committee has identified three
JN
5