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AFRICAN UNION UNION AFRICAINE UNIÃO AFRICANA AFRICAN COURT ON HUMAN AND PEOPLES’ RIGHTS COUR AFRICAINE DES DROITS DE L’HOMME ET DES PEUPLES IN THE CONSOLIDATED MATTER OF 1. TANGANYIKA LAW SOCIETY 2. THE LEGAL AND HUMAN RIGHTS CENTRE APPLICATION No. 009/2011 V. THE UNITED REPUBLIC OF TANZANIA REVEREND CHRISTOPHER R. MTIKILA V. THE UNITED REPUBLIC OF TANZANIA APPLICATION No. 011/2011

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African Human Rights CLA 2.0
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UNION AFRICAINE2

34. Judgment Application 009 011 2011 Rev Christopher Mtikila v. Tanzania 1 copy

AfCHPR Ruling

Preview

Type of Document

Judgement

Keywords

Civil and Political Rights
Constitutional Amendment
Discrimination
Elections / Referenda
Freedom of Association
Jurisdiction
Participation in Government
Right to Equality Before the Law
Transitional Justice

Country

Tanzania

Outcome

Decided on Merits

Year Decided: 14 يونيو 2013

Rights Alleged to be Violated

ACHPR 10 : Right to Freedom of Association
ACHPR 13 : Right to Participate in Government
ACHPR 2: Freedom from Discrimination

Rights Violated

ACHPR 10 : Right to Freedom of Association
ACHPR 13 : Right to Participate in Government
ACHPR 2: Freedom from Discrimination
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law

Rights Not Violated

None Indicated

Duration of Procedure: 2 يونيو 2011 ~ 14 يونيو 2013

Country Geolocation

خط العرض: -6.369028

خط الطول: 34.888822

Country Geolocation (مرتبط AfCHPR Ruling): Tanzania

المستندات الأولية

009-2011 - 011-2011 Tanganyika Law Society & The Legal and Human Rights Centre v Tanzania, & Reverend Christopher Mtikila v Tanzania - Judgment.pdf
English
تحميل عرض
009-2011 – 011-2011 Tanganyika Law Society & O Centro Jurídico E De Direitos Humanos v. A República Unida Da Tanzânia & Reverendo Christopher R. Mtikila V. A República Unida Da Tanzânia.pdf
Portuguese
تحميل عرض

Achpr instr proto court eng

Article 22 EXCLUSIONIf the judge is a national of any State which is a party to a case submitted to the Court, that judge shall not hear the case.

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Rules of Court {African Court on Human and People's Rights}

Rule 8Inability to Sit, Exemption and Withdrawal1. Any Member of the Court who is unable to attend a sittingof the Courtshall notify the President as early as possible.2. In accordance with article 22 of the Protocol, any Member of the Courtwho is a national of a State that is party to a case shall abstain fromhearing that case.

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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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Rules of Court {African Court on Human and People's Rights}

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Rules of Court {African Court on Human and People's Rights}

Rule 35Transmission of Applications1. Upon the receipt of an application filed in accordance with article 5(1)and (3) of the Protocol, the Registrar shall transmit a copy thereof togetherwith any annexes, to the President and other Members of the Court.2. Unless otherwise decided by the Court, the Registrar shall forward copiesof the application where applicable to the:a) State Party against which the application has been filed, inaccordance with Rule 34 (6) of these Rules;b) State Party whose citizen is a victim of the alleged violation;c) State Party against which an application has been filed at theCommission;d)Commission;e) Individual or legal entity or the Non-Governmental Organization thathas filed an application at the Commission by virtue of article 55 ofthe Charter.3. The Registrar shall also inform the Chairperson of the African UnionCommission and through him/her, the Executive Council of the AfricanUnion, and all the other States Parties to the Protocol, of the filing of theapplication;4. In forwarding applications as stipulated in sub-rules 2 and 3 of this Rule,the Registrar shall invite:a) the Respondent State Party to indicate, within thirty (30) days ofreceipt of the application, the names and addresses of itsrepresentatives; 25b) any other State Party that may wish to intervene in the proceedingsunder article 5(2) of the Protocol, to inform the Registrar accordingly,within the time stipulated in Rule 53;c) if applicable, the Commission to forward to the Registrar, within thirty(30) days the names and addresses of its representatives

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Rule 37Time Limit for ReplyThe State Party against which an application has been filed shall respondthereto within sixty (60) days provided that the Court may, if the needarises, grant an extension of time.

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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.

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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

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ICCPR

Article 3The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant.

UN Document

ICCPR

Article 3The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant.

UN Document

ICCPR

Article 25 Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions: (a) To take part in the conduct of public affairs, directly or through freely chosen representatives; (b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors; (c) To have access, on general terms of equality,to public service in his country.

UN Document

Banjul charter

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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Banjul charter

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ICCPR

Article 3The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant.

UN Document

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.

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Article 6 ADMISSIBILITY OF CASES1. The Court, when deciding on the admissibility of a case instituted under article 5 (3) of this Protocol, may request the opinion of the Commission which shall give it as soon as possible.2. The Court shall rule on the admissibility of cases taking into account the provisions of article 56 of the Charte

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5.Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged,

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670 17 Fadhl Al Mawla Husni Ahmed Ismail and 19 Ors (represented by Freedom and Justice Party of Egypt) v Arab Republic of Egypt

African Court on Human and Peoples' Rights, Tanganyika Law Society v Tanzania, Judgement, Application No. 009/2011, 14 June 2013

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Banjul charter

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670 17 Fadhl Al Mawla Husni Ahmed Ismail and 19 Ors (represented by Freedom and Justice Party of Egypt) v Arab Republic of Egypt

para 82.

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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.

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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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Article 101.Every individual shall have the right to free association provided that he abides by the law. 2.Subject to the obligation of solidarity provided for in 29 no one may be compelled to join an association.

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Banjul charter

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ICCPR

Article 3The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant.

UN Document

ICCPR

Article 3The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant.

UN Document

ICCPR

UN Document

2. Universal Declaration of Human Rights

Article 21 1. Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.

UN Document

2. Universal Declaration of Human Rights

Article 21 1. Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.

UN Document

ICCPR

UN Document

Banjul charter

Treaty

Banjul charter

Treaty

ICCPR

Article 3The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant.

UN Document

Banjul charter

Treaty

Banjul charter

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Article 271. Every individual shall have duties towards his family and society, the State and other legally recognized communities and the international community. 2. The rights and freedoms of each individual shall be exercised with due regard to the rights of others, collective security, morality and common interest.

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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.

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2. Universal Declaration of Human Rights

Article 20 1. Everyone has the right to freedom of peaceful assembly and association. 2. No one may be compelled to belong to an association.

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Banjul charter

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ICCPR

Article 22 1. Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests. 2. No restrictions may be placed on the exercise of this right other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on members of the armed forces and of the police in their exercise of this right. 3. Nothing in this article shall authorize States Parties to the International Labour Organisation Convention of 1948 concerning Freedom of Association and Protection of the Right to Organize to take legislative measures which would prejudice, or to apply the law in such a manner as to prejudice, the guarantees provided for in that Convention

UN Document

ICCPR

UN Document

Banjul charter

Article 29The individual shall also have the duty: 1.To preserve the harmonious development of the family and to work for the cohesion and respect of the family; to respect his parents at all times, to maintain them in case of need; 2. To serve his national community by placing his physical and intellectual abilities at its service; 93. Not to compromise the security of the State whose national or resident he is; 4. To preserve and strengthen social and national solidarity, particularly when the latter is threatened;

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Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law

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Rules of Court {African Court on Human and People's Rights}

Rule 30Legal CostsUnless otherwise decided by the Court, each party shall bear its own costs.

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Rule 63Judgment on ReparationThe Court shall rule on the request for the reparation, submitted inaccordance with Rule 34 (5) of these Rules, by the same decisionestablishing the violation of a human and peoples’ right or, if thecircumstances so require, by a separate decision.

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Rules of Court {African Court on Human and People's Rights}

Rule 30Legal CostsUnless otherwise decided by the Court, each party shall bear its own costs

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

39. (1) There shall be annexed to the original of everypleading certified copies of any relevant document in support of the contentions contained in the pleading.(2)If only parts of the documents are relevant, only such certified extracts as are necessary for the purpose of the pleading in question or for identifying the document need be annexed. (3)A list of all documents annexed to a pleading shall be furnished at the time the pleading is filed.

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

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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.Article 6 ADMISSIBILITY OF CASES1. The Court, when deciding on the admissibility of a case instituted under article 5 (3) of this Protocol, may request the opinion of the Commission which shall give it as soon as possible.2. The Court shall rule on the admissibility of cases taking into account the provisions of article 56 of the Charter.3. The Court may consider cases or transferthem to the Commission

Treaty

Rules of Court {African Court on Human and People's Rights}

Rule 52Preliminary Objections1. Any party served with the application may raise preliminary objections toany part or parts thereof.2. Preliminary objections shall be raised at the latest before the date fixed bythe Court for the filing of the first set of pleadings to be submitted by theparty who intends to raise the objections.3. The submission of preliminary objections shall not cause the proceedingson the substantive case to be suspended unless the Court so decides. In anycase, the Court shall rule on the objections or incorporate its ruling in itsdecision on the substantive case.

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Rule 26Jurisdiction1. Pursuant to the Protocol, the Court shall have jurisdiction:a) to deal with all cases and all disputes submitted to it concerninginterpretation and application of the Charter, the Protocol and any otherrelevant human rights instrument ratified by the States concerned;b) to render an advisory opinion on any legal matter relating to the Charteror any other relevant human rights instruments, provided that the subjectof the opinion is not related to a matter being examined by the Commission;c) to promote amicable settlement in cases pending before it in accordancewith the provisions of the Charter;d) to interpret a judgment rendered by itself; ande) to review its own judgment in light of new evidence in conformity withRule 67 of these Rules.2. In the event of a dispute as to whether the Court has jurisdiction, theCourt shall decide.

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Rules of Court {African Court on Human and People's Rights}

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Article 7 SOURCES OF LAWThe Court shall apply the provision of the Charter and any other relevant human rights instruments ratified by the States concerned.

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Achpr instr proto court eng

Article 7 SOURCES OF LAWThe Court shall apply the provision of the Charter and any other relevant human rights instruments ratified by the States concerned.

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Rules of Court {African Court on Human and People's Rights}

Rules of Procedure

Achpr instr proto court eng

Article 7 SOURCES OF LAWThe Court shall apply the provision of the Charter and any other relevant human rights instruments ratified by the States concerned

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Rules of Court {African Court on Human and People's Rights}

Rules of Procedure

Rules of Court {African Court on Human and People's Rights}

Rule 26Jurisdiction1. Pursuant to the Protocol, the Court shall have jurisdiction:a) to deal with all cases

Rules of Procedure

Rules of Court {African Court on Human and People's Rights}

Rules of Procedure

Achpr instr proto court eng

Article 7 SOURCES OF LAWThe Court shall apply the provision of the Charter and any other relevant human rights instruments ratified by the States concerned

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ICCPR

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Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law

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Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law

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- AfCHPR Ruling2
- Document2
Treaties and softlaw only165
- Treaty122
- Rules of Procedure23
- UN Document20
Geolocation1
- Countries geolocation1

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