ASSIGNMENT 2 SEMESTER 1 2026
UNIQUE NO.
DUE DATE: 21 APRIL 2026
, International Human Rights Law - LCP4807
LEGAL OPINION: ACCESS TO THE AFRICAN COMMISSION ON HUMAN AND
PEOPLES’ RIGHTS
1. Introduction
This legal opinion assesses whether the Regional Non-Governmental Organisation
Developed Afrika for All (DAA) can bring a communication on behalf of Mr Martin
Ricardor and the residents of Magadi village against the Republic of Sofala before
the African Commission on Human and Peoples’ Rights.
The analysis critically examines procedural admissibility, substantive human rights
violations, state obligations, and possible remedies, with reference to Sofala’s
ratified international and regional human rights instruments, particularly the African
Charter on Human and Peoples’ Rights.
2. Legal Framework Applicable to Sofala
Sofala has ratified several binding international and regional human rights instruments,
including:
The United Nations’ Universal Declaration of Human Rights (UDHR)
The International Covenant on Economic, Social and Cultural Rights
(ICESCR) and its Optional Protocol
The African Charter on Human and Peoples’ Rights (African Charter)
The Protocol on the Rights of Women in Africa (Maputo Protocol)
The Protocol establishing the African Court on Human and Peoples’ Rights
However, Sofala has not made a declaration under Article 34(6) allowing individuals
and NGOs to directly access the African Court on Human and Peoples’ Rights. This
makes the African Commission the primary forum for redress.