The African Charter as well as the African Court of Human and People’s Rights provide an avenue beyond state borders for the violation of human rights contained in International and Regional Charters. Any practitioner, scholar or enthusiast in the subject of Strategic interest or public interest litigation especially before the African Court of Human and Peoples Rights or even the African Commission on Human and People’s Rights would easily interact with the hurdle of admissibility and relevance.
The right of audience before these important fora is arguably conservative. Article 56 of the African Charter on Human and Peoples’ Rights as read with Article 6 of the African Court Protocol lays down a number of requirements to be fulfilled before one’s suit or Communication can be considered. Among these, an applicant/ Petitioner should satisfy the Commission or the court that their allegations, claims or contentions are not based exclusively on news discriminated through the mass media, and that yet are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged.
At the center of jurisprudential development on this subject is the case of Sir Dawda K. Jawara v. the Gambia Communication No. 147/95-149/96 where the subject of mass media discrimination and exhaustion of local remedies played out. In this case, it was held that the requirement to exhaust local remedies would only be satisfied if such remedies were available- without an impediment, effective- offering a reasonable prospect of success and sufficient if it is capable of redressing the complaint.
The Applicant in the matter, Sir Dawda Jawara, the Respondent’s founding Father had applied to the African Human and People’s Right Commission and prosecuted the matter, and the court held in his favour, finding that the Government of The Gambia under President Yahya Jameh was in violation of Articles 1,2,6,7,9,10,11,12,13,20 and 26 of the African Charter.
This triumphant case has now been commonly utilized not only in the litigious judicial circles across but also as a point of reference for African governments in the quest to reform their judicial and administrative institutions. Human Rights organizations in Kenya and across Africa such as Equality Now, the Centre for Human Rights- University of Pretoria, the AU among others have supported and organized sessions for young African scholars and students to help them appreciate these interesting legal principles. Through research conferences and Moots. Even as they do that, at the People’s Accolade Law Magazine, we herewith pay our Tribute to Sir Dawda Jawara, Gambia’s Founding Father, who died on the 27th August 2019 at the Age of 95. Even as the Gambia Flag flies half-mast in your honour, we, scholars and beneficiaries of your enthusiasm in this and other cases, we say- Long Live Sir Jawara.
