13 When the Zambian government argues that the communication must be declared inadmissible because the local remedies have not been exhausted, the government then has the burden of demonstrating the existence of such remedies. THE merits 18 Given that the process of arriving at an amicable resolution can take a substantial period of time, the Commission believes it is important to make a statement on the question of law raised by this communication 19 Article 12, paragraph. The complainant also appeared and presented a reply to the governments arguments. Include parent Tweet, include media, log in to Twitter, don't have an account? 5 At the 18th session in October 1995, a delegation of the Zambian government appeared and presented additional information dated 29 September 1995. 25 The complainants respond that they are concerned only with the expulsion of West Africans, because it is these persons who appealed to them for help, but that simultaneous expulsion of nationals of many countries does not negate the charge of discrimination. The government states that actions for loss of property likewise can be brought under Zambian law.

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    8 On, the Commission informed the Government of Zambia of its intention to continue the efforts towards an amicable resolution of the case. 17 For the above reasons the Commission holds the communication r the above reasons the Commission holds the communication admissible. The right to an appeal to competent national organs against acts violating his fundamental rights as recognized and guaranteed by conventions, law, regulations and customs in force. 31 The African Commission will not dispute that the Zambian state has the right to bring legal action against all persons illegally residing in Zambia, and to deport them if the results of such legal action justify. Prior to their expulsion, most of the individuals had been subject to administrative detention for more than 2 months. No reply has been forthcoming. The government of Zambia attempts to do so by referring to the Immigration and Deportations Act which provides for appeal of expulsion orders. 20 Clearly, the drafters of the Charter believed that mass expulsion presented a special threat to human rights. Villes principales: Anderlecht, Anvers, Bruges, Bruxelles, Charleroi, Gand, Ixelles, Liège, Molenbeek-saint-jean, Mons, Mouscron, Namur, Schaerbeek, Seraing, Tournai, Uccle, recherches les plus populaires: Escort Anvers, Escort Arlon, Escort Aubange, Escort Bruxelles, Escort Liege, Escort Mons, Escort Namur, Escort Tournai, Escort Luxembourg, autres Pays: Argentine, Brésil, Chili.

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    It is true that the African Charter does not bar site de rencontre reel rencontresadultes deportations per se, but Zambias right to expel individuals does not justify the manner in which it does so 24 The victims on whose part raddho seized the Commission were all from West Africa, some. 3 On 13 November 1992, the text of the communication was sent to the Zambian Ministry of Justice and ministry of External Affairs by travesti vitrolles antwerpen registered post. This was confirmed by the complainants during their arguments before the Commission, as well as by expert testimony. 27 The Zambian government disputes the characterization of the expulsions as en masse by arguing that the deportees were arrested over a two-month period of time, at different places, and served with deportation orders on different dates (Additional Information,.4, pp iii.) Zambia, however, cannot. Go to a person's profile, embed this Video, add this video to your website by copying the code below. 11 The rule requiring the exhaustion of local remedies as a condition of the presentation of an international claim is founded upon, amongst other principles, the contention that the respondent state must first have an opportunity to redress by its own means within the framework. For complainants to contact their families, much less attorneys, was not possible. However, the mass deportation of the individuals in question here, including their arbitrary detention and deprivation of the right to have their cause heard, constitute a flagrant violation of the Charter. 3; see also the letter of Chakota Beyani, Refugee Studies Program, Oxford University,. Rather, the argument that so many aliens received the same treatment is tantamount to an admission of a violation of Article.5. THE facts 1 The complaint is presented by a Senegalese NGO, Rencontre Africaine pour la Defense des Droits de lHomme, on behalf of 517 West Africans travesti vitrolles antwerpen who were expelled from Zambia on 26 and 27 February 1992, on grounds of being in Zambia illegally. The facts of this communication show that West Africans were arrested and assembled over time, with a view to their eventual expulsion. 10 Article 56 of the African Charter provides as follows: Communications shall be considered if they: are sent after exhausting local remedies, if any, unless it is obvious that these procedures are unduly prolonged. Mass expulsion shall be that which is aimed at national, racial, ethnic or religious group.

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