سابق 29 / 29 التالي

Conclusion 69. We would wish to thank the advocates for the Parties for their incisive and illuminating submissions and authorities cited. That we did not cite or quote all of them does not mean that they were of no help. 70. In any event, the Reference is hereby dismissed with the further order that each Party shall bear its own costs. 71. Orders accordingly. Dated, Delivered and Signed at Arusha this 29th day of November, 2013 ….…………………..…………….. JEAN BOSCO BUTASI PRINCIPAL JUDGE ………………………………………….. MARY STELLA ARACH-AMOKO ….…………………..…………….. JOHN MKWAWA JUDGE ….…..……………………………. ISAAC LENAOLA JUDGE ….…..……………………………. FAUSTIN NTEZILYAYO JUDGE 29 | P a g e

اختر الفقرة المستهدفة3

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أوازي من إعداد:
African Human Rights CLA 2.0
مكتبة
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معلومات
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جدول المحتويات

Introduction2
Factual Background7
Case of the Applicant9
Case for the 1st Respondent11
Case for the 2nd Respondent12
Case for the 3rd Respondent12
Case for the 5th Respondent14
Scheduling Conference14
Determination of the Issues16
Applicable Rules and Principles of Interpretation16
Whether this Court has Jurisdiction to Entertain the Reference16
Whether the Issues Raised in the Reference are Justiciable 20
Whether the Application Discloses a Cause of Action Against the 1st and 4th Respondents22
Whether the Applicant has Locus Standi to Present the Reference24
Whether the 1st Respondent has a Duty Under the Treaty, the Charter or the Protocol to Compel Control or Supervise the 2nd , 3rd 4th and 5th Respondents to deposit Declarations Under Article 34(6) of the Protocol28
Whether the Parties are Entitled to the Remedies Sought28
Conclusion29

REFERENCE NO 2 of 2012 Democratic party VS SG and 4 Others

EACJ Decision

Preview

Type of Document

Judgement

Country

EAC / EAC Organ
State Agent

Keywords

Discrimination
Judicial Independence
Participation in Government
Right to Fair Trial

Outcome: Case Dismissed

Year Decided: 29 نوفمبر 2013

Rights Violated

Non Indicated

Duration of Procedure: 18 أبريل 2013 ~ 29 نوفمبر 2013

المستندات الأولية

02_12 Democratic Party v Secretary General of EAC & 4 Others.pdf
English
تحميل عرض

Achpr instr proto court eng

Article 5 ACCESS TO THE COURT 1. The following are entitled to submit cases to the Court:a) The Commissionb) The State Party which had lodged a complaint to the Commissionc) The State Party against which the complaint has been lodged at the Commissiond) The State Party whose citizen is a victim of human rights violatione) African Intergovernmental Organizations2. When a State Party has an interest in a case, it may submit a request to the Court to be permitted to join.3. The Court may entitle relevant Non Governmental organizations (NGOs) with observer status before the Commission, and individuals to institute cases directly before it, in accordance with article 34 (6) of this Protocol.

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Article 34 RATIFICATION1. This Protocol shall be open for signature and ratification or accession by any State Party to the Charter.2. The instrument of ratification or accession to the present Protocol shall be deposited with the Secretary-General of the OAU.3. The Protocol shall come into force thirty days after fifteen instruments of ratification or accession have been deposited.4. For any State Party ratifying or acceding subsequently, the present Protocol shall come into force in respect of that State on the date of the deposit of its instrument of ratification or accession.5. The Secretary-General of the OAU shall inform all Member States of the entry into force of the present Protocol.6. At the time of the ratification of this Protocol or any time thereafter, the State shall make adeclaration accepting the competence of the Court to receive cases under article 5 (3) of this Protocol. The Court shall not receive any petition under article 5 (3) involving a State Party which has not made such a declaration.

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ARTICLE 7Operational Principles of the Community1.The principles that shall govern the practical achievement of the objectives of the Community shall include:(a)people-centeredand market-driven co-operation; 14(b)the provision by the Partner States of an adequate and appropriate enabling environment, such as conducive policies and basic infrastructure;(c)the establishment of an export oriented economy for the Partner States in which there shall be free movement of goods, persons, labour, services, capital, information and technology;(d)the principle of subsidiarity with emphasis on multi-level participation and the involvement of a wide range of stake-holders in the process of integration;(e)the principle of variable geometry which allows for progression in co-operation among groups within the Community for wider integration schemes in various fields and at different speeds;(f)the equitable distribution of benefits accruing or to be derived from the operations of the Community and measures to address economic imbalances that may arise from such operations;(g)the principle of complementarity; and(h)the principle of asymmetry.2.The Partner States undertake to abide by the principles of good governance, includingadherence to the principles of democracy, the rule of law, social justice and the maintenance of universally accepted standards of human rights

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Article 65For each of the States that will ratify or adhere to the present Charter after its coming into force, the Charter shall take effect three months after the date of the deposit by that State of its instrument of ratification or adherence. Article 66Special protocols or agreements may, if necessary, supplement the provisions of the present Charter.

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Article 26States parties to the present Charter shall have the duty to guarantee the independence of the Courts and shall allow the establishment and improvement of appropriate national institutions entrusted with the promotion and protection of the rights and freedoms guaranteed by the present Charter.

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ARTICLE 5Objectives of the Community1.The objectives of the Community shall be to develop policies and programmes aimed at widening and deepening co-operation among the Partner States in political, economic, social and cultural fields, research and technology, defence, security and legal and judicial affairs, for their mutual benefit.2.In pursuance of the provisions of paragraph 1 of this Article, the Partner States undertake to establish among themselves and in accordance with the provisions of this Treaty, a Customs Union, a Common Market, subsequently a Monetary Union and ultimately a Political Federationin order to strengthen and regulate the industrial, commercial, infrastructural, cultural, social, political and other relations of the Partner States to the end that there shall be accelerated, harmonious and balanced development and sustained expansion of economic activities, the benefit of which shall be equitably shared.3.For purposes set out in paragraph 1 of this Article and as subsequently provided in particular provisions of this Treaty, the Community shall ensure:(a)the attainment of sustainable growth and development of the Partner States by the promotion of a more balanced and harmonious development of the Partner States;(b)the strengthening and consolidation of co-operation in agreed fields that would lead to equitable economic development within the Partner States and which would in turn, raise the standard of living and improve the quality of life of their populations;(c)the promotion of sustainable utilisation of the natural resources of the Partner States and the taking of measures that would effectively protect the natural environment of the Partner States;(d)the strengthening and consolidation of the long standing political,economic, social, cultural and traditional ties and associations between the peoples of the Partner States so as to promote a people-centeredmutual development of these ties and associations;(e)the mainstreaming of gender in all its endeavours and the enhancement of the role of women in cultural, social, political, economic and technological development; 13(f)the promotion of peace, security, and stability within, and good neighbourliness among, the Partner States; (g)the enhancement and strengthening of partnerships with the private sector and civil society in order to achieve sustainable socio-economic and political development; and(h)the undertaking of such other activities calculated to further the objectives of the Community, as the Partner States may from time to time decide to undertake in common

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ARTICLE 130International Organisations andDevelopment Partners1.The Partner States shall honour their commitments in respect of other multinational and international organisations of which they are members.2.The Partner States reiterate their desire for a wider unity of Africa and regard the Community as a step towards the achievement of the objectives of the Treaty Establishing the African Economic Community.3.With a view to contributing towards the achievement of the objectives of the Community, the Community shall foster co-operative arrangements with other regional and international organisations whose activities have a bearing on the objectives of the Community.4.The Partner States shall accord special importance to co-operation with the Organisation of African Unity, United Nations Organisation and its agencies, and other international organisations, bilateral and multi-lateral development partners interested in the objectives of the Community.

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Article 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal. 2.No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender.

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Article 131.Every citizen shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives in accordance with the provisions of the law. 2.Every citizen shall have the right of equal access to the public service of his country. 3. Every individual shall have the right of access to public property and services in strict equality of all persons before the law.

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Article 1The Member States of the Organization of African Unity parties to the present Charter shall recognize the rights, duties and freedoms enshrined in this Chapter and shall undertake to adopt legislative or other measures to give effect to them.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.

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ARTICLE 126Scope of Co-operation1.In order to promote the achievement of the objectives of the Community as set out in Article 5 of this Treaty, the Partner States shall take steps to harmonise their legal training and certification; and shall encourage the standardisation of the judgements of courts within the Community.2.For purposes of paragraph 1 of this Article, the Partner States shall through their appropriate national institutions take all necessary steps to:(a)establish a common syllabus for the training of lawyers and a common standard to be attained in examinations in order to qualify and to be licensed to practice as an advocate in their respective superior courts;(b)harmonise all their national laws appertaining to the Community; and (c)revive the publication of the East African Law Reports or publish similar law reports and such law journals as will promote the exchange of legal and judicial knowledge and enhance the approximation and harmonisation of legal learning and the standardisation of judgements of courts within the Community.3.For purposes of paragraph 1 of this Article, the Partner States may take such other additional steps as the Council may determine.

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Article 62Each state party shall undertake to submit every two years, from the date the present Charter comes into force, a report on the legislative or other measures taken with a view to giving effect to the rights and freedoms recognized and guaranteed by the present Charter.

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rticle 5 ACCESS TO THE COURT 1. The following are entitled to submit cases to the Court:a) The Commissionb) The State Party which had lodged a complaint to the Commissionc) The State Party against which the complaint has been lodged at the Commissiond) The State Party whose citizen is a victim of human rights violatione) African Intergovernmental Organizations2. When a State Party has an interest in a case, it may submit a request to the Court to be permitted to join.3. The Court may entitle relevant Non Governmental organizations (NGOs) with observer status before the Commission, and individuals to institute cases directly before it, in accordance with article 34 (6) of this Protocol.

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RTICLE 130International Organisations andDevelopment Partners1.The Partner States shall honour their commitments in respect of other multinational and international organisations of which they are members.2.The Partner States reiterate their desire for a wider unity of Africa and regard the Community as a step towards the achievement of the objectives of the Treaty Establishing the African Economic Community.3.With a view to contributing towards the achievement of the objectives of the Community, the Community shall foster co-operative arrangements with other regional and international organisations whose activities have a bearing on the objectives of the Community.4.The Partner States shall accord special importance to co-operation with the Organisation of African Unity, United Nations Organisation and its agencies, and other international organisations, bilateral and multi-lateral development partners interested in the objectives of the Community.

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Article 66Special protocols or agreements may, if necessary, supplement the provisions of the present Charter.

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ARTICLE 6Fundamental Principles of the CommunityThe fundamental principles that shall govern the achievement of the objectives of the Community by the Partner States shallinclude:(a)mutual trust, political will and sovereign equality;(b)peaceful co-existence and good neighbourliness;(c)peaceful settlement of disputes;(d)good governance including adherence to the principles of democracy, the rule of law, accountability, transparency, social justice, equal opportunities, gender equality, as well as the recognition, promotion and protection of human and peoples rights in accordance with the provisions of the African Charter on Human and Peoples’ Rights;(e)equitable distribution of benefits; and(f)co-operation for mutual benefit.ARTICLE 7Operational Principles of the Community1.The principles that shall govern the practical achievement of the objectives of the Community shall include:(a)people-centeredand market-driven co-operation; 14(b)the provision by the Partner States of an adequate and appropriate enabling environment, such as conducive policies and basic infrastructure;(c)the establishment of an export oriented economy for the Partner States in which there shall be free movement of goods, persons, labour, services, capital, information and technology;(d)the principle of subsidiarity with emphasis on multi-level participation and the involvement of a wide range of stake-holders in the process of integration;(e)the principle of variable geometry which allows for progression in co-operation among groups within the Community for wider integration schemes in various fields and at different speeds;(f)the equitable distribution of benefits accruing or to be derived from the operations of the Community and measures to address economic imbalances that may arise from such operations;(g)the principle of complementarity; and(h)the principle of asymmetry.2.The Partner States undertake to abide by the principles of good governance, includingadherence to the principles of democracy, the rule of law, social justice and the maintenance of universally accepted standards of human rights

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3. The Court may entitle relevant Non Governmental organizations (NGOs) with observer status before the Commission, and individuals to institute cases directly before it, in accordance with article 34 (6) of this Protocol.

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rticle 34 RATIFICATION1. This Protocol shall be open for signature and ratification or accession by any State Party to the Charter.2. The instrument of ratification or accession to the present Protocol shall be deposited with the Secretary-General of the OAU.3. The Protocol shall come into force thirty days after fifteen instruments of ratification or accession have been deposited.4. For any State Party ratifying or acceding subsequently, the present Protocol shall come into force in respect of that State on the date of the deposit of its instrument of ratification or accession.5. The Secretary-General of the OAU shall inform all Member States of the entry into force of the present Protocol.6. At the time of the ratification of this Protocol or any time thereafter, the State shall make adeclaration accepting the competence of the Court to receive cases under article 5 (3) of this Protocol. The Court shall not receive any petition under article 5 (3) involving a State Party which has not made such a declaration.

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ARTICLE 8General Undertaking as to Implementation1.The Partner States shall:(a)plan and direct their policies and resources with a view to creating conditions favourable for the development and achievement of the objectives of the Community and the implementation of the provisions of this Treaty; (b)co-ordinate, through the institutions of the Community, theireconomic and other policies to the extent necessary to achieve the objectives of the Community; and 15(c)abstain from any measures likely to jeopardise the achievement of those objectives or the implementation of the provisions of this Treaty.2.Each Partner State shall, within twelve months from the date of signing this Treaty,secure the enactment and the effective implementation of such legislation as is necessary to give effect to this Treaty, and in particular -(a)to confer upon the Community the legal capacity and personality required for the performance of its functions; and(b)to confer upon the legislation, regulations and directives of the Community and its institutions as provided for in this Treaty, the force of law within its territory.3.Each Partner State shall -(a)designate a Ministry with which the Secretary General may communicate in connection with any matter arising out of the implementation or the application of this Treaty, and shall notify the Secretary General of that designation;(b)transmit to the Secretary General copies of all relevant existing and proposed legislation and its official gazettes; and (c)where it is required under this Treaty, to supply to or exchange with another Partner State any information, send copies of such information to the Secretary General.4.Community organs, institutions and laws shall take precedence over similar national ones on matters pertaining to the implementation of this Treaty.5.In pursuance of the provisions of paragraph 4 of this Article, the Partner States undertake to make the necessary legal instruments to confer precedence of Community organs, institutions and laws over similar national ones.

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ARTICLE 23Role of the Court1.The Court shall be a judicial body which shall ensure the adherence to law in the interpretation and application of and compliance with this Treaty.2.The Court shall consist of a First Instance Division and an Appellate Division.3.The First Instance Division shall have jurisdiction to hear and determine, at first instance, subject to a right of appeal to the Appellate Division under Article 35A, any matter before the Court in accordance with this Treaty.

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ARTICLE 30Reference by Legal andNatural Persons1.Subject to theprovisions of Article 27 of this Treaty,any person who is resident in a Partner State may refer for determination by the Court, the legality of any Act,regulation, directive, decision or action of a Partner State or aninstitution of the Community on the grounds that such Act, regulation, directive, decision or action is unlawful or isan infringement of the provisions of this Treaty.2.The proceedings provided for in this Article shall be instituted within two monthsof the enactment, publication, directive, decision or action complained of, or in the absence thereof, of the day in which it came to the knowledge of the complainant, as the case may be;3.The Court shall have no jurisdiction under this Article where an Act, regulation, directive, decision or action has been reserved under this Treaty to an institution of a Partner State

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1. The East African Court of Justice Rules of Procedure 2013

1.(1) These Rules may be cited as “The East African Court of Justice Rules of Procedure 2013” and shall come into force on such date as the President may appoint by notice in the Gazette. (2)Nothing in these Rules shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court.

Rules of Procedure

1. The East African Court of Justice Rules of Procedure 2013

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1. The East African Court of Justice Rules of Procedure 2013

21. (1) Subject to sub-rule (4) of this Rule, all applicationsto the First Instance Division shall be by motion, which shall state the grounds of the application.(2) No motion shall be heard without notice to the parties affected by the application.Provided, however, that the First Instance Division, if satisfied that the delay caused by proceeding in the ordinary way would or might entail irreparable injustice, may hear the motion and make any ex parteorder upon such terms as to costs or otherwise, and subject to such undertaking, if any, as the Division deems just.Court vacationsHolidaysInterlocutory applications17 The East African Court of Justice Rules of Procedure 2013Service ofNotice ofMotionAffidavits in reply(3)Upon making an ex parteorder the First Instance Division shall set down the application for inter parteshearing within thirty (30) days of the ex parteorder. (4)A notice of motion shall be substantially in the ForthSchedule. (5)Every formal application to the First Instance Division shall be supported by one or more affidavits of the applicant or of some other person or persons having knowledge of the facts, in accordance with Form 3 of the Second Schedule. (6)An applicant may, with the leave of the First Instance Division or with the consent of the other party, lodge one or more supplementary affidavits. Application for such leave may be made informally. (7)The provisions of this rule shall not apply to—(a)applications made in the course of a hearing, which may be made informally; (b)applications made by consent of all parties, which may be made by letter.

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Article 5 ACCESS TO THE COURT 1. The following are entitled to submit cases to the Court:a) The Commission

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Article 5 ACCESS TO THE COURT 1. The following are entitled to submit cases to the Court:a) The Commission

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ARTICLE 13Membership of the CouncilThe Council shall consist of:(a)the Minister responsible for East African Community affairs ofeach Partner State;(b)such other Minister of the Partner States as each Partner State may determine; and(c)the Attorney General of each Partner State.

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ARTICLE 11Functions of the Summit1.The Summit shall give general directions and impetus as to the development and achievement of the objectives of the Community.2.The Summit shall consider the annual progress reports and such other reports submitted to it by the Council as provided for by this Treaty.3.The Summit shall review the state of peace, security and good governancewithin the Community and the progress achieved towards the establishment of a Political Federation of the Partner States.

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24. (1) A reference by a Partner State, the Secretary GeneralReferencesor any person under Articles 28, 29, 30 respectively of the Treatyshall be instituted by lodging in the Court a statement of reference.(2) A statement of reference under sub-rule (1) shallstate—(a)the name, designation, address and where applicable residence of the applicant; (b)the name, designation, address and where applicable residence of the respondent; (c)the subject-of the reference and a summary of the points of law on which the application is based; (d)where appropriate, the nature of any evidence offered in support; (e)the relief sought by the applicant. (3)Where the reference seeks the annulment of an Act, regulation, directive, decision or action, the statement of reference shall be accompanied by documentary evidence of the same. (4)Where the reference is made by a body corporate the statement of reference shall be accompanied by documentary evidence of the existence in law of that body corporate. (5)The Applicant shall serve on every respondent named in the reference and where applicable on the Secretary General a notification of the reference and a copy of the statement of reference.

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ARTICLE 27Jurisdiction of the Court1.The Court shall initially have jurisdiction over the interpretation and application of this Treaty:Provided that the Court’s jurisdiction to interpret under this paragraph shall not include the application of any such interpretation to jurisdiction conferred by the Treaty on organs of Partner States. 302.The Court shall have such other original, appellate, human rights and other jurisdictionas will be determined by the Council at a suitable subsequent date. To this end, the Partner States shall conclude a protocol to operationalise the extended jurisdiction.

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Article 1 ESTABLISHMENT OF THE COURTThere shall be established within the Organization of African Unity anAfrican Court Human and Peoples` Rights hereinafter referred to as “the Court”, the organization, jurisdiction and functioning of which shall be governed by the present Protocol.

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Article 3 JURISDICTION 1. The jurisdiction of the Court shall extend to all cases and disputes submitted to it concerning the interpretation and application of the Charter, this Protocol and any other relevant Human Rights instrument ratified by the States concerned.2. In the event of a dispute as to whether the Court has jurisdiction, the Court shall decide.

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ARTICLE 131Other Fields1.Subject to the provisions of this Treaty, the Partner States undertake to consult with one another through the appropriate institutions of the Community for the purpose of harmonising their respective policies in such other fields as they may, from time to time, consider necessary or desirable for the efficient and harmonious functioning and development of the Community and the implementation of the provisions of this Treaty.2.For purposes of paragraph 1 of this Article, the Partner States may take in common such other steps as are calculated to further the objectives of the Community and the implementation of the provisions of this Treaty.

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ARTICLE 33Jurisdiction of National Courts1.Except where jurisdiction is conferred on the Court by this Treaty, disputes to which the Community is a party shall not on that ground alone, be excluded from the jurisdiction of the national courts of the Partner States.2.Decisions of the Court on the interpretation and application of this Treaty shall have precedence over decisions of national courts on a similar matter.

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Plaxeda Rugumba 2010 8 judgment 2011

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ARTICLE 67Secretary General1.The Secretary General shall be appointed by the Summit upon nomination by the relevant Head of State under the principle of rotation.2.Upon the appointment of the Secretary General the Partner State from which he or she is appointed shall forfeit the post of Deputy Secretary General.3.The Secretary General shall be the principal executive officer of the Community and shall:(a)be the head of the Secretariat;(b)be the Accounting Officer of the Community;(c)be the Secretary of the Summit; and (d)carry out such other duties as are conferred upon him by this Treatyor by the Council from time to time.4.The Secretary General shall serve a fixed five year term. 485.The terms and conditions of service of the Secretary General shall be determined by the Council and approved by the Summit

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ARTICLE 71Functions of the Secretariat1.The Secretariat shall be responsible for:(a)initiating, receiving and submitting recommendations to the Council, and forwardingof Bills to the Assembly through the Co-ordination Committee;(b)the initiation of studies and research related to, and the implementation of, programmes for the most appropriate, expeditious and efficient ways of achieving the objectives of the Community;(c)the strategic planning, management and monitoring of programmes for the development of the Community;(d)the undertaking either on its own initiative or otherwise, of such investigations, collection of information, or verification of matters relating to any matter affecting the Community that appears to it to merit examination;(e)the co-ordination and harmonisation of the policies and strategies relating to the development of the Community through the Co-ordination Committee;(f)the general promotion and dissemination of information on the Community to the stakeholders, the general public and the international community; 50(g)the submission of reports on the activities of the Community to the Council through the Co-ordination Committee; (h)the general administration and financial management of the Community;(i)the mobilisation of funds from development partners and other sources for the implementation of projects of the Community;(j)subject to the provisions of this Treaty, the submission of the budget of the Community to the Council for its consideration;(k)proposing draft agenda for the meetings of the organs of the Community other than the Court and the Assembly;(l)the implementation of the decisions of the Summit and the Council;(m)the organisation and the keeping of records of meetings of the institutions of the Community other than those of the Court and the Assembly;(n)the custody of the property of the Community;(o)the establishment of practical working relations with the Court and the Assembly; and(p)such other matters that may be provided for under this Treaty.2.For the purposes of paragraph 1 of this Article, the Secretary General shall where he or shethinks it appropriate, act on behalf of the Secretariat.3.The Deputy Secretaries General shall assist the Secretary General in the discharge of his or her functions. 4.The Counsel to the Community shall be the principal legal adviser to the Community in connection with matters pertaining to this Treaty and the Community and he or she shall by virtue of this paragraph be entitled to appear in the Courts of the Partner States in respect of matters pertaining to the Community and this Treaty.

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ARTICLE 29Reference by the Secretary General1.Where the Secretary General considers that a Partner State has failed to fulfil an obligation under this Treaty or has infringed a provision of this Treaty, the Secretary Generalshall submit his or herfindings to the Partner State concerned for that Partner State to submit its observations on the findings.2.If the Partner State concerned does not submit its observations to the Secretary General within four months, or if the observations submitted are unsatisfactory, the Secretary General shall refer the matter to the Council which shall decide whether the matter shouldbe referred by the Secretary General to the Court immediately or be resolved by the Council.3.Where a matter has been referred to the Council under the provisions of paragraph 2 of this Article and the Council fails to resolve the matter, the Council shall direct the Secretary General to refer the matter to the Court

Treaty

EACJ Treaty

Treaty

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Treaty

Banjul charter

Treaty

Banjul charter

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Banjul charter

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Banjul charter

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Banjul charter

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Banjul charter

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Banjul charter

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Banjul charter

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Banjul charter

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Treaty

EACJ Treaty

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.

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EACJ Treaty

Treaty

EACJ Treaty

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EACJ Treaty

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EACJ Treaty

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EACJ Treaty

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EACJ Treaty

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EACJ Treaty

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EACJ Treaty

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Achpr instr proto court eng

Treaty

Achpr instr proto court eng

Treaty

EACJ Treaty

on by the Partner States of an adequate and appropriate enabling environment, such as conducive policies and basic infrastructure;(c)the establishment of an export oriented economy for the Partner States in which there shall be free movement of goods, persons, labour, services, capital, information and technology;(d)the principle of subsidiarity with emphasis on multi-level participation and the involvement of a wide range of stake-holders in the process of integration;(e)the principle of variable geometry which allows for progression in co-operation among groups within the Community for wider integration schemes in various fields and at different speeds;(f)the equitable distribution of benefits accruing or to be derived from the operations of the Community and measures to address economic imbalances that may arise from such operations;(g)the principle of complementarity; and(h)the principle of asymmetry.2.The Partner States undertake to abide by the principles of good governance, includingadherence to the principles of democracy, the rule of law, social justice and the maintenance of universally accepted standards of human rights.

Treaty

EACJ Treaty

Treaty

EACJ Treaty

Treaty

EACJ Treaty

Treaty

EACJ Treaty

Treaty

EACJ Treaty

Treaty

Achpr instr proto court eng

Treaty

Achpr instr proto court eng

Treaty

Achpr instr proto court eng

Treaty

Achpr instr proto court eng

Treaty

Treaties and softlaw only178
- Treaty173
- Rules of Procedure5
لا تسمية1
- EACJ Decision1
Cases Referenced1
- EACJ Decision1

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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

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