1. The Secretariat of the African Commission on Human and Peoples\u2019 Rights (the Secretariat), received a complaint on 18 December 2012 from Eyob B. Asemie (the Complainant) against the Kingdom of Lesotho (the Respondent State), State Party to the African Charter on\u00a0 Human and Peoples\u2019 Rights (the African Charter).<\/p>\n
2. The Complainant submits that in 2003, because of his political views, he fled the Federal Democratic Republic of Ethiopia (Ethiopia) to seek asylum in the Respondent State.<\/p>\n
3. He states that he was granted refugee status in the Respondent State in 2005, and was allowed to live with his family in the country.<\/p>\n
4. The Complainant states that during his stay in the Respondent State he was able to acquire a number of businesses in the country. He adds\u00a0 that in 2010 he was granted Basotho citizenship, after he revoked his Ethiopian citizenship, in accordance\u00a0 with the law governing citizenship in the two countries. He alleges that the Principal Secretary (PS) of Home Affairs of the Respondent State did not invite him to the swearing in ceremony of new citizens in accordance with the provisions of the Lesotho Refugee Act. He avers that he challenged the actions of the PS in the High Court, which in its judgment of 13 September 2012, ordered the Minister of Home Affairs to swear him in as a citizen.<\/p>\n
5. The Complainant submits that senior officials of the Respondent State have since harassed him and his family, and ignored the High Court orders. He further states that the High Court decision was appealed by the Ministry of\u00a0 Home Affairs to the Court of Appeal, which overturned the decision of the High Court on 19 October 2012.<\/p>\n
6. The Complainant states he was not in the Lesotho when the judgment of the Appeal Court was delivered as he had travelled to the Republic of South Africa (South Africa) on 14 October 2012 to meet officials at the United Nations High Commission for Refugees (UNHCR) to seek help regarding the intimidation he was facing in the Respondent State. He adds that following the Court of Appeal Judgment, he was refused entry into Lesotho, as the\u00a0 Respondent State had by then issued a declaration nullifying his citizenship status and revoking his passport.<\/p>\n
7. He alleges that his wife, who was then eight (8) months pregnant, and his two (2) children were still in the Respondent State. He further\u00a0 states that his wife was refused a visa to South Africa for medical care because the Lesotho Government refused to give her a visa facilitating letter in accordance with the new policy in the Respondent State. He adds that his wife and children have been traumatised by the situation.<\/p>\n
8. The Complainant states that the Respondent State has violated the provisions of the African Charter, and had rendered him a stateless person, as he had revoked his Ethiopian citizenship to attain Lesotho nationality.<\/p>\n
9. In his Admissibility Submissions, sent to the Secretariat on 10 January 2014, the Complainant informs the Commission of new\u00a0 developments in the facts of the case. He avers that due to his status as a stateless person, he had applied for temporary asylum in South Africa.<\/p>\n
[…]<\/p>\n
74.<\/span><\/span> It<\/span><\/span> is<\/span><\/span> therefore the Commission\u2019s view that the Complainant failed to exhaust<\/span><\/span> local remedies.<\/span><\/span><\/p>\n 1.<\/span><\/span> In view of<\/span><\/span><\/span> the above,<\/span><\/span> the Commission decides:<\/span><\/span><\/span><\/p>\n i.<\/span> To declare the Communication inadmissible for failure to comply with<\/span> Article 56 (5) of the Charter<\/span><\/span> Done in Kigali, Rwanda at the 16<\/span>th<\/span> Extraordinary Session of the African <\/span>Commission on Human and Peoples\u2019 Rig<\/span>hts held from 20<\/span> \u2013<\/span> 29 July 2014<\/span><\/span><\/p>\n Published: 13 February 2015<\/p>\n Download from ACHPR: https:\/\/www.achpr.org\/sessions\/descions?id=223<\/a><\/p>\n From IHRDA database: https:\/\/ihrda.uwazi.io\/en\/entity\/w6iecu2m47d2nb6ud8x8byb9<\/a><\/p>\n
ii.<\/span> To notify its decision to the parties in accordance with Rule 107 (3) of<\/span> its Rules of Procedure.<\/span><\/span>
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