LCP4807
ASSIGNMENT 2
DUE DATE: 21 APRIL 2026
, LCP4807 ASSIGNMENT 2 2026
DUE 21 APRIL 2026
Assignment Question:
Can the DAA take this case to the African Commission on Human and Peoples’ Rights?
Regardless of whether your answer is yes or no, provide a critical analysis taking into
consideration the procedural issues, possible rights that are violated in terms of the
Charter,substantive issues, and the possible remedies.
INTRODUCTION
The Republic of Sofala has ratified the African Charter on Human and Peoples’ Rights
(the Charter). Mr Martin Ricardor, on behalf of himself, his wife and four daughters
residing in the remote village of Magadi, has exhausted domestic remedies up to the
Constitutional Court of Sofala, which dismissed the claim on budgetary grounds. The
Regional NGO Developed Afrika for All (DAA) now seeks to assist Mr Ricardor by
lodging a communication before the African Commission on Human and Peoples’
Rights (the Commission). It answers the question in the affirmative: yes, DAA can take
the case to the Commission. It then provides a critical analysis of the procedural issues,
the possible rights violated under the Charter, the substantive issues arising, and the
possible remedies, drawing on the Commission’s jurisprudence and independent
research beyond the Study Guide.
The analysis is structured as follows: (1) procedural aspects (jurisdiction, standing and
admissibility); (2) possible rights violated under the Charter; (3) substantive issues
(nature of obligations, resource constraints and justiciability of socio-economic rights);
and (4) possible remedies and their limitations. The conclusion offers overall remarks
and recommendations.
ASSIGNMENT 2
DUE DATE: 21 APRIL 2026
, LCP4807 ASSIGNMENT 2 2026
DUE 21 APRIL 2026
Assignment Question:
Can the DAA take this case to the African Commission on Human and Peoples’ Rights?
Regardless of whether your answer is yes or no, provide a critical analysis taking into
consideration the procedural issues, possible rights that are violated in terms of the
Charter,substantive issues, and the possible remedies.
INTRODUCTION
The Republic of Sofala has ratified the African Charter on Human and Peoples’ Rights
(the Charter). Mr Martin Ricardor, on behalf of himself, his wife and four daughters
residing in the remote village of Magadi, has exhausted domestic remedies up to the
Constitutional Court of Sofala, which dismissed the claim on budgetary grounds. The
Regional NGO Developed Afrika for All (DAA) now seeks to assist Mr Ricardor by
lodging a communication before the African Commission on Human and Peoples’
Rights (the Commission). It answers the question in the affirmative: yes, DAA can take
the case to the Commission. It then provides a critical analysis of the procedural issues,
the possible rights violated under the Charter, the substantive issues arising, and the
possible remedies, drawing on the Commission’s jurisprudence and independent
research beyond the Study Guide.
The analysis is structured as follows: (1) procedural aspects (jurisdiction, standing and
admissibility); (2) possible rights violated under the Charter; (3) substantive issues
(nature of obligations, resource constraints and justiciability of socio-economic rights);
and (4) possible remedies and their limitations. The conclusion offers overall remarks
and recommendations.
