Before the African Commission on Human and Peoples’ Rights
Summary
On October 4, 2002, after nine long years of waiting on Respondent to resolve the Bakweri Land Problem, Complainants submitted a Communication to the Commission asserting that Respondent had violated its obligations under the African Charter. Complainants requested that the Commission resolve the problem and grant them appropriate relief.
By written pleadings dated February 3, 2003, Respondent raised several preliminary objections (hereinafter “Preliminary Objections”) under Article 56 of the African Charter and Rule 114, section 3 of the Rules of Procedure of the African Commission on Human and Peoples’ Rights (hereinafter “the Rules of Procedure”).
II - Argument
In its Preliminary Objections, Respondent invokes five separate grounds upon which Complainants claims should be declared inadmissible: first, that Complainants lack standing to bring the complaint; second, that they failed to exhaust local remedies; third, that the Communication is framed in insulting and abusive language; fourth, that the matter had already been dismissed by another international tribunal; and finally, that the allegations contained in the complaint are vague and indeterminate.
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