Brief Facts
The Institute for Human Rights and Development in Africa (IHRDA) filed communication 247/02 (on behalf of Jean Simbarakiya) against DRC before the African Commission on Human and Peoples’ Rights (ACmHPR). A resolution passed by the DRC parliament warranted the termination of employment contracts of Burundians in DRC without notice or compensation. Mr. Simbarakiya due to moral and material constraint could not pursue the issue at national level. However Mr Simbarakiya did not present any evidence to support the reasons why he did not exhaust local remedies.
Issues
– Whether local remedies were exhausted by complainant;
–Whether exemption from exhaustion of local remedies rule applies to refugees en masse or individuals.
Alleged violations of the African Charter on Human and Peoples’ Rights
Article 1 – Obligation of member states to give effect to the African Charter
Article 2 – Freedom from Discrimination
Article 3 – Right to equality before the law and equal protection of the law
Article 7 – Right to Fair Trial
Article 14 – Right to property
Article 15 – Right to work
Article 18: Protection of the Family and vulnerable Groups
Status of the communication
The case was declared inadmissible at the 33rd Ordinary Session of ACmHPR because the compliant did not concur with the admissibility requirement under Article 56(5).
