مرتبة حسب

تم إضافة التاريخ

66 العلاقات, 3 الكيانات

10 من 66 محاور

اختر الفقرة المستهدفة3

● ● ●

أوازي من إعداد:
African Human Rights CLA 2.0
مكتبة
تسجيل الدخول

معلومات
66العلاقات

227 99 democratic republic of congo burundi rwanda uganda (1)

Document

نصائح البحث

بحث النص

اكتب نص في خانة البحث لتظهر بعض النتائج

جدول المحتويات

Summary of Facts1
Complaint2
Procedure3
Law6
Admissibility6
Merits7
Holding14

227 99 democratic republic of congo burundi rwanda uganda (1)

Document

Preview

Type of Document

Decision

Keywords

Child Abuse
Damages and Compensation
Discrimination
Domestic/National Laws
Economic, Social and Cultural Development
Equality
Extra-Judicial Killings
Free Disposal of Wealth and Natural Resources
Freedom of Movement
Indigenous Communities
Massive Human Rights Violations
Militia operations / Armed conflicts
Murder/Assassination
Personal Liberty
Rape
Reparations / Remedies
Right to Education
Right to Equality Before the Law
Right to Health
Right to Life
Right to Self-Determination
Rights and Welfare of the Child
Rights of Non-Nationals
Sexual and Gender Based Violence
Sexual and Reproductive Health Rights
Sexual Offences
State Internal Security
Transitional Justice
Violations Resulting from Warfare and Military Operations
Women's Rights
الاعتقال والاحتجاز التعسفي

Case Head Notes: The communication is filed against the Republics of Burundi, Rwanda and Uganda (hereinafter referredto, respectively, as 'Burundi', 'Rwanda' and 'Uganda'). It alleges grave and massive violations of human andpeoples' rights committed by the armed forces of these three countries in the Congolese provinces wherethere have been rebel activities since 2nd August 1998, and for which the Democratic Republic of Congoblames Burundi, Uganda and Rwanda. In support of its complaint the Democratic Republic of Congo statesthat the Ugandan and Rwandan governments have acknowledged the presence of their respective armedforces in the eastern provinces of the Democratic Republic of Congo under what it terms the 'fallaciouspretext' of 'safeguarding their interests'. The complaint states, furthermore, that the Congolese governmenthas 'sufficient and overwhelming evidence of Burundi's involvement.

Country

Burundi
Democratic Republic of Congo
Rwanda
Uganda

Outcome: Decided on Merits

Year Decided: 29 مايو 2003

Rights Alleged to be Violated

ACHPR 12 : Right to Freedom of Movement
ACHPR 16 : Right to Health
ACHPR 17 : Right to Education
ACHPR 19: Right of All Peoples to Equality and Rights
ACHPR 2: Freedom from Discrimination
ACHPR 20 : Right to Self-Determination
ACHPR 21: Right to Free Disposal of Wealth and Natural Resources
ACHPR 22: Peoples' Right to Economic, Social and Cultural Development
ACHPR 23: Right to National and International Security and Peace
ACHPR 23.1: Right to national and international peace and security
ACHPR 23.2.a: Non-involvement of asylees/refugees in subversive activities against their country of origin or State parties to the Charter
ACHPR 23.2.b: Prevention of subversive or terrorist activities against other State
ACHPR 4: Right to Life and Intergrity
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest

Rights Violated

ACHPR 12:2: Right to leave any country including his own, and to return to his country
ACHPR 14: Right to Property
ACHPR 16 : Right to Health
ACHPR 17 : Right to Education
ACHPR 18.1: Protection of women and children
ACHPR 18.3 : Protection of the Rights of Women and Children
ACHPR 19: Right of All Peoples to Equality and Rights
ACHPR 20 : Right to Self-Determination
ACHPR 21: Right to Free Disposal of Wealth and Natural Resources
ACHPR 22: Peoples' Right to Economic, Social and Cultural Development
ACHPR 23: Right to National and International Security and Peace
ACHPR 23.1: Right to national and international peace and security
ACHPR 23.2.a: Non-involvement of asylees/refugees in subversive activities against their country of origin or State parties to the Charter
ACHPR 23.2.b: Prevention of subversive or terrorist activities against other State

Rights Not Violated

ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest

Duration of Proceduretest

8 مارس 1999 ~ 29 مايو 2003

Country Geolocation

خط العرض: 1.373333

خط الطول: 32.290275

Country Geolocation (مرتبط Document): Uganda

المستندات الأولية

227_99_democratic_republic_of_congo___burundi_rwanda_uganda (1).pdf
English
تحميل عرض
227-99 República Democrática do Congo v Burundi, Ruanda & Uganda.pdf
Portuguese
؟؟؟؟؟؟
تحميل عرض

Banjul charter

Treaty

Banjul charter

Article 6Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained.

Treaty

Banjul charter

Article 171. Every individual shall have the right to education. 2. Every individual may freely, take part in the cultural life of his community. 3.The promotion and protection of morals and traditional values recognized by the 6community shall be the duty of the State.

Treaty

Banjul charter

Article 2Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status.

Treaty

Banjul charter

Article 121. Every individual shall have the right to freedom of movement and residence within the borders of a State provided he abides by the law. 2. Every individual shall have the right to leave any country including his own, and to return to his country. This right may only be subject to restrictions, provided for by law for the protection of national security, law and order, public health or morality. 3. Every individual shall have the right, when persecuted, to seek and obtain asylum in other countries in accordance with laws of those countries and international conventions. 4. A non-national legally admitted in a territory of a State Party to the present Charter, may only be expelled from it by virtue of a decision taken in accordance with the law. 55. The mass expulsion of non-nationals shall be prohibited. Mass expulsion shall be that which is aimed at national, racial, ethnic or religious groups

Treaty

Banjul charter

Article 19All peoples shall be equal; they shall enjoy the same respect and shall have the same rights. Nothing shall justify the domination of a people by another. Article 201. All peoples shall have the right to existence. They shall have the unquestionable and inalienable right to self- determination. They shall freely determine their political status and shall pursue their economic and social development according to the policy they have freely chosen.2. Colonized or oppressed peoples shall have the right to free themselves from the bonds of domination by resorting to any means recognized by the international community. 3. All peoples shall have the right to the assistance of the States parties to the present Charter in their liberation struggle against foreign domination, be it political, economic or cultural.

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Treaty

Banjul charter

Article 211. All peoples shall freely dispose of their wealth and natural resources. This right shall be exercised in the exclusive interest of the people. In no case shall a people be deprived of it. 72. In case of spoliation the dispossessed people shall have the right to the lawful recovery of its property as well as to an adequate compensation. 3. The free disposal of wealth and natural resources shall be exercised without prejudice to the obligation of promoting international economic cooperation based on mutual respect, equitable exchange and the principles of international law.4. States parties to the present Charter shall individually and collectively exercise the right to free disposal of their wealth and natural resources with a view to strengthening African unity and solidarity. 5. States parties to the present Charter shall undertake to eliminate all forms of foreign economic exploitation particularly that practiced by international monopolies so as to enable their peoples to fully benefit from the advantages derived from their national resources. Article 221. All peoples shall have the right to their economic, social and cultural development with due regard to their freedom and identity and in the equal enjoyment of the common heritage of mankind. 2. States shall have the duty, individually or collectively, to ensure the exercise of the right to development.

Treaty

Banjul charter

Article 231. All peoples shall have the right to national and international peace and security. The principles of solidarity and friendly relations implicitly affirmed by the Charter of the United Nations and reaffirmed by that of the Organization of African Unity shall govern relations between States. 2. For the purpose of strengthening peace, solidarity and friendly relations, States parties to the present Charter shall ensure that: (a) any individual enjoying the right of asylum under 12 of the present Charter shall not engage in subversive activities against his country of origin or any other State party to the present Charter; (b) their territories shall not be used as bases for subversive or terrorist activities against the people of any other State party to the present Charter.

Treaty

Banjul charter

Article 581. When it appears after deliberations of the Commission that one or more communications apparently relate to special cases which reveal the existence of a series of serious or massive violations of human and peoples' rights, the Commission shall draw the attention of the Assembly of Heads of State and Government to these special cases. 2.The Assembly of Heads of State and Government may then request the Commission to undertake an in-depth study of these cases and make a factual report, accompanied by its findings and recommendations. 3.A case of emergency duly noticed by the Commission shall be submitted by the latter to the Chairman of the Assembly of Heads of State and Government who may 16request an in-depth study

Treaty

Banjul charter

Article 49Notwithstanding the provisions of 47, if a State party to the present Charter considers that another State party has violated the provisions of the Charter, it may refer the matter directly to the Commission by addressing a communication to the Chairman, to the Secretary General of the Organization of African Unity and the State concerned.

Treaty

Banjul charter

Treaty

Banjul charter

231. All peoples shall have the right to national and international peace and security. The principles of solidarity and friendly relations implicitly affirmed by the Charter of the United Nations and reaffirmed by that of the Organization of African Unity shall govern relations between States. 2. For the purpose of strengthening peace, solidarity and friendly relations, States parties to the present Charter shall ensure that: (a) any individual enjoying the right of asylum under 12 of the present Charter shall not engage in subversive activities against his country of origin or any other State party to the present Charter; (b) their territories shall not be used as bases for subversive or terrorist activities against the people of any other State party to the present Charter

Treaty

Banjul charter

Treaty

Banjul charter

Article 47If a State party to the present Charter has good reasons to believe that another State party to this Charter has violated the provisions of the Charter, it may draw, by written communication, the attention of that State to the matter. This communication shall also be addressed to the Secretary General of the OAU and to the Chairman of the Commission. Within three months of the receipt of the communication, the State to which the communication is addressed shall give the enquiring State, written explanation or statement elucidating the matter. This should include as much as possible relevant information relating to the laws and rules of procedure applied and applicable, and the redress already given or course of action available. Article 48If within three months from the date on which the original communication is received by the State to which it is addressed, the issue is not settled to the satisfaction of the two States involved through bilateral negotiation or by any other peaceful procedure, either State shall have the right to submit the matter to the Commission through the Chairman and shall notify the other States involved. Article 49Notwithstanding the provisions of 47, if a State party to the present Charter considers that another State party has violated the provisions of the Charter, it may refer the matter directly to the Commission by addressing a communication to the Chairman, to the Secretary General of the Organization of African Unity and the State concerned.

Treaty

Banjul charter

Article 57Prior to any substantive consideration, all communications shall be brought to the knowledge of the State concerned by the Chairman of the Commission

Treaty

Banjul charter

Treaty

Banjul charter

Article 48If within three months from the date on which the original communication is received by the State to which it is addressed, the issue is not settled to the satisfaction of the two States involved through bilateral negotiation or by any other peaceful procedure, either State shall have the right to submit the matter to the Commission through the Chairman and shall notify the other States involved.

Treaty

Banjul charter

Treaty

Rules of Procedure of the African Commission

Rule 88 Consideration of the CommunicationWhere, pursuant to Articles 48 1. and 49 of the African Charter, a Communication is brought before the Commission by a State Party, the Chairperson of the Commission, through the Secretary, shall give notice of such Communication to the State Party against which the complaint is made and shall invite it to submit to the Commission its observations in writing on the admissibility of the Communication within ninety (90) days. The observations so obtained in writing shall be immediately communicated to the complaining State Party, which shall respond within ninety (90) days of receipt of the observations.The Commission shall designate 2. one or more of its members as Rapporteur for the Communication.Rapporteurs, through the Secretary, 3. may:Request relevant information a. on matters connected with the Communication from the States Parties concerned. Such information shall be provided by both parties within ninety (90) days of receipt of such request;Transmit any information b. obtained from one party to the other for comments. The parties shall be given ninety (90) days to respond to the observations made by the other party.4. Prior to the session at which the Communication is to be considered, the Rapporteurs shall prepare a report on the admissibility of the Communication. Such report shall contain:a. The relevant facts, including any information or comments obtained under paragraph 3 of this Rule;b. The provision(s) of the African Charter alleged to have been violated in the Communication;c. A recommendation on admissibility and on any other action to be taken, as the case may require.Part Three : Protection Activities 325. Before deciding upon the admissibility of the Communication, the Commission may invite the parties to submit further observations in writing and shall fix a time limit of ninety (90) days for the submission of these observations. The written observations or information shall be transmitted to the opposing party.6. The Commission may also allow the parties to make additional observations orally

ACmHPR Soft Law

Banjul charter

Treaty

Rules of Procedure of the African Commission

Rule 92 Decision of the CommissionWithin twelve months of receipt of 1. a Communication, the Commission shall adopt a decision, prepare a report and make recommendations, pursuant to Article 53 of the African Charter following the notification referred to in Article 48 of the African Charter and the present Rules of Procedure. The report of the Commission 2. on the Communication shall be communicated to the States Parties concerned through the Secretary. The report of the Commission on the 3. communication shall be submitted as part of the Commission’s Activity Report to the Assembly.

ACmHPR Soft Law

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

52After having obtained from the States concerned and from other sources all the information it deems necessary and after having tried all appropriate means to reach an amicable solution based on the respect of Human and Peoples' Rights, the Commission shall prepare, within a reasonable period of time from the notification referred to in 48, a report stating the facts and its findings. This report shall be sent to the States concerned and communicated to the Assembly of Heads of State and Government

Treaty

Banjul charter

Article 50The Commission can only deal with a matter submitted to it after making sure that all local remedies, if they exist, have been exhausted, unless it is obvious to the Commission that the procedure of achieving these remedies would be unduly prolonged.

Treaty

Banjul charter

Treaty

Banjul charter

Article 60The Commission shall draw inspiration from international law on human and peoples' rights, particularly from the provisions of various African instruments on human and peoples' rights, the Charter of the United Nations, the Charter of the Organization of African Unity, the Universal Declaration of Human Rights, other instruments adopted by the United Nations and by African countries in the field of human and peoples' rights as well as from the provisions of various instruments adopted within the Specialized Agencies of the United Nations of which the parties to the present Charter are members. Article 61The Commission shall also take into consideration, as subsidiary measures to determine the principles of law, other general or special international conventions, laying down rules expressly recognized by member states of the Organization of African Unity, African practices consistent with international norms on human and people's rights, customs generally accepted as law, general principles of law recognized by African states as well as legal precedents and doctrine

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Treaty

Banjul charter

Article 181. The family shall be the natural unit and basis of society. It shall be protected by the State which shall take care of its physical health and moral. 2. The State shall have the duty to assist the family which is the custodian or morals and traditional values recognized by the community. 3. The State shall ensure the elimination of every discrimination against women and also ensure the protection of the rights of the woman and the child as stipulated in international declarations and conventions. 4. The aged and the disabled shall also have the right to special measures of protection in keeping with their physical or moral needs.

Treaty

Banjul charter

Treaty

Banjul charter

Article 57Prior to any substantive consideration, all communications shall be brought to the knowledge of the State concerned by the Chairman of the Commission

Treaty

Banjul charter

Article 57Prior to any substantive consideration, all communications shall be brought to the knowledge of the State concerned by the Chairman of the Commission

Treaty

Banjul charter

Article 56Communications relating to human and peoples' rights referred to in 55 received by the Commission, shall be considered if they: 1.Indicate their authors even if the latter request anonymity, 2.Are compatible with the Charter of the Organization of African Unity or with the present Charter, 3.Are not written in disparaging or insulting language directed against the State concerned and its institutions or to the Organization of African Unity, 4.Are not based exclusively on news discriminated through the mass media, 5.Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged, 6.Are submitted within a reasonable period from the time local remedies are exhausted or from the date the Commission is seized of the matter, and 7.Do not deal with cases which have been settled by these States involved in accordance with the principles of the Charter of the United Nations, or the Charter of the Organization of African Unity or the provisions of the present Charter.

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Article 161. Every individual shall have the right to enjoy the best attainable state of physical and mental health. 2. States parties to the present Charter shall take the necessary measures to protect the health of their people and to ensure that they receive medical attention when they are sick. Article 171. Every individual shall have the right to education. 2. Every individual may freely, take part in the cultural life of his community. 3.The promotion and protection of morals and traditional values recognized by the 6community shall be the duty of the State

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

4The right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws

Treaty

Banjul charter

Treaty

Banjul charter

Article 201. All peoples shall have the right to existence. They shall have the unquestionable and inalienable right to self- determination. They shall freely determine their political status and shall pursue their economic and social development according to the policy they have freely chosen.2. Colonized or oppressed peoples shall have the right to free themselves from the bonds of domination by resorting to any means recognized by the international community. 3. All peoples shall have the right to the assistance of the States parties to the present Charter in their liberation struggle against foreign domination, be it political, economic or cultural. Article 211. All peoples shall freely dispose of their wealth and natural resources. This right shall be exercised in the exclusive interest of the people. In no case shall a people be deprived of it. 72. In case of spoliation the dispossessed people shall have the right to the lawful recovery of its property as well as to an adequate compensation. 3. The free disposal of wealth and natural resources shall be exercised without prejudice to the obligation of promoting international economic cooperation based on mutual respect, equitable exchange and the principles of international law.4. States parties to the present Charter shall individually and collectively exercise the right to free disposal of their wealth and natural resources with a view to strengthening African unity and solidarity. 5. States parties to the present Charter shall undertake to eliminate all forms of foreign economic exploitation particularly that practiced by international monopolies so as to enable their peoples to fully benefit from the advantages derived from their national

Treaty

Banjul charter

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right. Article 5Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited.

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Article 221. All peoples shall have the right to their economic, social and cultural development with due regard to their freedom and identity and in the equal enjoyment of the common heritage of mankind. 2. States shall have the duty, individually or collectively, to ensure the exercise of the right to development. Article 231. All peoples shall have the right to national and international peace and security. The principles of solidarity and friendly relations implicitly affirmed by the Charter of the United Nations and reaffirmed by that of the Organization of African Unity shall govern relations between States

Treaty

Banjul charter

Treaty

Treaties and softlaw only65
- Treaty63
- ACmHPR Soft Law2
Geolocation1
- Countries geolocation1

Create Reference

اختر نوع العلاقة

Treaties and softlaw only
International cases/decisions
Municipal law
Municipal court decision
Country
Rights Not Violated
Keywords
Outcome
Rights Alleged to be Violated
Rights Violated
Type of Document
Right Not Violated
SADC Treaty Rights Violated
SADC Treaty Rights Not Violated
ACHPR Rights Violated
ACHPR Rights Not Violated
ACHPR Provisions
Cases Referenced
Location

نصائح البحث

عرض

إضافة كيانات (أو إدخالات)/ مستندات

نصائح البحث