46. The Court recalls that the rationale behind the rule in Article 56(7) of the
Charter is to prevent States from being asked to account more than once in
respect of the same allegations of human rights.5
47. The Court further recalls that in its earlier decisions in Gombert Jean-Claude
Roger v. Republic of Côte d’Ivoire6 and Dexter Eddie Johnson v. Republic
of Ghana,7 it developed three cumulative criteria to determine whether the
admissibility criteria established in Article 56(7) of the Charter and Rule
50(2)(g) of the Rules have been met.
48. The Court stated in Dexter Eddie Johnson v. Republic of Ghana that:
the notion of “settlement” implies the convergence of three major
conditions: (1) the identity of the parties; 2) identity of the applications
or their supplementary or alternative nature or whether the case flows
from a request made in the initial case; and 3) the existence of a first
decision on the merits.8
49. Regarding the first criterion, “identity of the parties”, the Court notes that the
Respondent State in the proceedings before the ACERWC and in the
present Application is the same. The Court notes, however, that the
Applicants in the proceedings are different.9 Before the ACERWC, the
Communication was filed by two NGOs, namely, the Legal and Human
Rights Center and the Center for Reproductive Rights. Before the Court, the
Application was filed by an individual and a different NGO, that is, Tike
Mwambipile and Equality Now.
5
Dexter Eddie Johnson v. Republic of Ghana (jurisdiction and admissibility) (28 March 2019) 3 AfCLR
99, § 55.
6 Gombert v. Côte d’Ivoire (jurisdiction and admissibility) (2018) 2 AfCLR 270, § 45.
7 Dexter Eddie Johnson v. Republic of Ghana (jurisdiction and admissibility) (28 March 2019) 3 AfCLR
99, § 48.
8 Dexter Eddie Johnson v. Republic of Ghana (jurisdiction and admissibility) (28 March 2019) 3 AfCLR
99, § 48.
9 Before the ACERWC, the Application was brought on 17 June 2019 by two NGOs, the Legal and
Human Rights Center and the Center for Reproductive Rights. Before the East African Court of Justice,
the Application was brought on 24 April 2020 by two NGOs, Inclusive Development for Citizens and
Center for Strategic Litigation. Before the African Court on Human and Peoples’ Rights, the Application
was brought on 19 November 2020 by a female national and an NGO, Tike Mwabipile and Equality
Now.
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