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00} | 20/4 (oogose AFRICAN i UNION ala AFRICAN . _ 12 foe }Asiq 005085 _ Co rou)" (32) 4. ene” COURT ON HUMAN UNION AFRICAINE UNIAO AFRICANA AND PEOPLES’ COUR AFRICAINE DES DROITS DE L’HOMME THE MATTER OF ALFRED AGBESI WOYOME V. REPUBLIC OF GHANA APPLICATION No. 001/2017 JUDGMENT (Merits and Reparations) 28 JUNE 2019 RIGHTS ET DES PEUPLES

اختر الفقرة المستهدفة3

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

معلومات
112العلاقات

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منشأ تلقائياً ⓘ

C. Alleged violations8
V. JURISDICTION13
A. Objections to material jurisdiction13
B. Other aspects of jurisdiction17
B. Conditions of admissibility not in contention between the Parties26
B. The alleged violation of the right to non-discrimination and the right to equality before the law and equal protection of the law38

001 2017 – Alfred Agbes Woyome v. Republic of Ghana

AfCHPR Ruling

Preview

Type of Document

Judgement

Keywords

Discrimination
Right to Equality Before the Law
Right to Fair Trial
Workers' Rights

Country

Ghana

Outcome

Decided on Merits

Year Decided: 28 يونيو 2019

Rights Alleged to be Violated

ACHPR 7.1 : Right to be Heard
ACHPR 2: Freedom from Discrimination
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 7 : Right to Fair Trial

Rights Violated

ACHPR 7.1.d: Right to be tried within a Reasonable Time by Impartial Court

Rights Not Violated

ACHPR 7.1 : Right to be Heard
ACHPR 2: Freedom from Discrimination
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 7.1.d: Right to be tried within a Reasonable Time by Impartial Court

Duration of Procedure: 16 يناير 2017 ~ 28 يونيو 2019

Country Geolocation

خط العرض: 7.946527

خط الطول: -1.023194

Country Geolocation (مرتبط AfCHPR Ruling): Ghana

المستندات الأولية

001-2017 Alfred Agbes Woyome c. République du Ghana.pdf
French
تحميل عرض
ocr_001-2017 – Alfred Agbes Woyome v. Republic of Ghana.pdf
English
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تحميل عرض

ملفات الدعم

pdf

001-2017 – Alfred Agbes Woyome v. Republic of Ghana.pdf3.18 MB

Banjul charter

Treaty

Banjul charter

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Achpr instr proto court eng

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Achpr instr proto court eng

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Achpr instr proto court eng

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. 7. Declarations made under sub-article (6) above shall be deposited with the Secretary-General, who shall transmit copies thereof to the State parties.

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

Treaty

Banjul charter

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.

Treaty

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

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;

Rules of Procedure

Banjul charter

Treaty

Banjul charter

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

Treaty

Banjul charter

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Banjul charter

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Banjul charter

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

Treaty

Banjul charter

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

Treaty

Banjul charter

Treaty

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

5. be filed after exhausting local remedies, if any, unless it is obviousthat this procedure is unduly prolonged;

Rules of Procedure

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

6. be filed within a reasonable time from the date local remedies wereexhausted or from the date set by the Court as being thecommencement of the time limit within which it shall be seized withthe matter; and

Rules of Procedure

Banjul charter

Treaty

Achpr instr proto court eng

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.

Treaty

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

1. The Court shall conduct preliminary examination of its jurisdiction andthe admissibility of the application in accordance with articles 50 and 56 ofthe Charter, and Rule 40 of these Rules.

Rules of Procedure

Achpr instr proto court eng

Treaty

1969 Vienna Convention on the Law of Treaties

Article 27. INTERNAL LAW AND OBSERVANCE OF TREATIES A party may not invoke the provisions of its internal law as justification for its failure to perform a treaty. This rule is without prejudice to article 46.

UN Document

1969 Vienna Convention on the Law of Treaties

UN Document

Achpr instr proto court eng

3. The Protocol shall come into force thirty days after fifteen instruments of ratification or accession have been deposited.

Treaty

1969 Vienna Convention on the Law of Treaties

UN Document

Argentina v Uruguay case of pulp mills on River Uruguay En

121. In the present case, the Court observes that the notification toArgentina of the environmental impact assessments for the CMB (ENCE)and Orion (Botnia) mills did not take place through CARU, and thatUruguay only transmitted those assessments to Argentina after havingissued the initial environmental authorizations for the two mills inquestion. Thus in the case of CMB (ENCE), the matter was notified toArgentina on 27 October and 7 November 2003, whereas the initialenvironmental authorization had already been issued on 9 October 2003.In the case of Orion (Botnia), the file was transmitted to Argentinabetween August 2005 and January 2006, whereas the initial environmentalauthorization had been granted on 14 February 2005. Uruguay oughtnot, prior to notification, to have issued the initial environmental auth-orizations and the authorizations for construction on the basis of the envi-ronmental impact assessments submitted to DINAMA. Indeed by doingso, Uruguay gave priority to its own legislation over its proceduralobligations under the 1975 Statute and disregarded the well-establishedcustomary rule reflected in Article 27 of the Vienna Convention on theLaw of Treaties, according to which “[a] party may not invoke the pro-visions of its internal law as justification for its failure to perform atreaty”.

ICJ Document

01 2012 Frank David Omary and others v. Tanzania Ruling

AfCHPR Ruling

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

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

Treaty

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

5. be filed after exhausting local remedies, if any, unless it is obviousthat this procedure is unduly prolonged;

Rules of Procedure

01 2012 Frank David Omary and others v. Tanzania Ruling

75. The Court has the power to exercise its jurisdiction over alleged violations, in relation to the relevant human rights protection instruments ratified by the Respondent.

AfCHPR Ruling

01 2012 Frank David Omary and others v. Tanzania Ruling

75. The Court has the power to exercise its jurisdiction over alleged violations, in relation to the relevant human rights protection instruments ratified by the Respondent.

AfCHPR Ruling

05 2013 Alex Thomas v Tanzania Judgment

45.TheCourtconsidersthattheRespondent'sobjectionthat"the Court lacks jurisdiction because the Applicant improperly cites Articles5and 34(6)oftheProtocolandRule33oftheRulesofCourt andthattheArticlesonlyprovidehimstandingbeforetheCourt" lacksmerit.TheCourtfindsthataslongastherightsallegedly violatedareprotectedbytheCharteroranyotherhumanrights instrument ratified by the State concerned, the Court will have jurisdictionoverthematter.TheCourtfirstelaboratedonthisin 20ApplicationNumber00112012FrankDavidOmaryandOthers 11UnitedRepublicofTanzaniaandthereafter,inApplicationNumber00312012PeterJosephChachavUnitedRepublicofTanzania. The Court,intheabovecasesheldthat, thesubstanceofthecomplaint mustrelatetorightsguaranteedby theCharteroranyotherhuman rightsinstrumentratifiedbytheStateconcerned.Itisnotnecessary thattherightsallegedtohavebeenviolatedarespecifiedin theApplication.

AfCHPR Ruling

046 2016 APDF & IHRDA v Republic of Mali Judgement

27. The Court notes that its material jurisdiction is based on Article 3(1) of theProtocol and that, in the instant case, the alleged violation of rights relates tothe human rights guaranteed by the Charter and other instruments ratified bythe Republic of Mali.

AfCHPR Ruling

001 2015 Armand Guehi v. United Republic of Tanzania

31.TheCourtis oftheview,withrespecttowhetheritiscalledtoactasa courtoffirstinstance,that,byvirtueofArticle3 oftheProtocol,ithasmaterialjurisdictionsolongas"theApplicationallegesviolationsofprovisionsofinternationalinstrumentstowhichtheRespondentStateisa party"4Intheinstantmatter,theApplicantallegesviolationsofrightsguaranteedintheCharter.

AfCHPR Ruling

2. 025 2016 Kenedy Ivan v United Republic of Tanzania

27.This Court exercises jurisdiction as long as "the rights allegedly violated areprotected by the Charter or any other human rights instruments ratified by theRespondent State."aln the instant Application, by exercising this mandate, theCourt is not acting as an appellate Court.

AfCHPR Ruling

01 2012 Frank David Omary and others v. Tanzania Ruling

AfCHPR Ruling

Achpr instr proto court eng

Treaty

Achpr instr proto court eng

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.

Treaty

29. 001 13 Ernest Francis Mtingwi v. Republic of Malawi

AfCHPR Ruling

29. 001 13 Ernest Francis Mtingwi v. Republic of Malawi

14. The Court notes that it does not have any appellate Jurisdiction to receive and consider appeals inrespect of cases already decided upon by domestic and/or regional and similar Courts.

AfCHPR Ruling

011 2015 – Christopher Jonas v. United Republic of Tanzania

AfCHPR Ruling

05 2013 Alex Thomas v Tanzania Judgment

130. ThisCourtdoesnotaccept theRespondent'scontentionthat, theissueofmanifesterrorsattrialarenotwithin thepurviewofthin 53Courtbecause theCourtofAppealofTanzaniahasdeterminedthemwithfinality.Though thisCourtisnotan appellatebodywithrespect to decisions of nationalcourts27,this does notpreclude itfrom examiningrelevantproceedingsinthenationalcourtsinorderto determinewhethertheyareinaccordancewiththestandardssetout intheCharteroranyotherhumanrightsinstrumentratifiedbythe Stateconcerned.Withregardtomanifesterrorsinproceedingsat nationalcourts,thisCourtwillexaminewhetherthenationalcourts applied appropriate principles and international standards in resolvingtheerrors.This istheapproachthathasbeenadoptedby similarinternationalcourts.

AfCHPR Ruling

Fr. Judgment Ingabire Victoire Umuhoza v Republic of Rwanda opt

52.L'EtatdefendeursoutientquelaRequeranteasaisilaGourdeceanscommesicelle-cietaituneinstanced'appel,carelleluidemandedemodifieroud'annulerlesdecisionsdestribunauxdel'Etatdefendeuretd'agirenlieuetplacedesinstitutionslegislativesetjudiciairesdeI'Etatdefendeur.SelonI'Etatdefendeur,«...IaGourafricainen'estniunejuridictiond'appel,niunorganelegislatifdotedupouvoird'annuleroudereformerdesdecisionsjudiciairesetpasserdesloisalaplacedesassembleeslegislativesnationales».IIajouteacetegardque«touterequetedemandantalaGourdeposerdetelsactesdevraitetrerejetee».

AfCHPR Ruling

Judgment on Merits (3 June 2016) 007.2013 – Mohamed Abubakari v. United Republic of Tanzania

29. On the basis of the aforesaid considerations, the Court holds that it is competent to determine whether the treatment of the matter by Tanzanian national courts has complied with the requirements set forth by the Charter in particular and any other applicable human rights instrument. Consequently, the Court dismisses the objection raised in this regard by the Respondent State.

AfCHPR Ruling

Achpr instr proto court eng

Treaty

Achpr instr proto court eng

Treaty

Achpr instr proto court eng

2. The Court shall rule on the admissibility of cases taking into account the provisions of article 56 of the Charter.

Treaty

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

1. The Court shall conduct preliminary examination of its jurisdiction andthe admissibility of the application in accordance with articles 50 and 56 ofthe Charter, and Rule 40 of these Rules.

Rules of Procedure

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 Chart

Treaty

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

Rule 40Conditions for Admissibility of ApplicationsPursuant to the provisions of article 56 of the Charter to which article 6(2) ofthe Protocol refers, applications to the Court shall comply with the followingconditions:1. disclose the identity of the Applicant notwithstanding the latter’srequest for anonymity;2. comply with the Constitutive Act of the Union and the Charter ;3. not contain any disparaging or insulting language;4. not be based exclusively on news disseminated through the massmedia;5. be filed after exhausting local remedies, if any, unless it is obviousthat this procedure is unduly prolonged;6. be filed within a reasonable time from the date local remedies wereexhausted or from the date set by the Court as being thecommencement of the time limit within which it shall be seized withthe matter; and 277. not raise any mater or issues previously settled by the parties inaccordance with the principles of the Charter of the United Nations,the Constitutive Act of the African Union, the provisions of the Charteror of any legal instrument of the African Union.

Rules of Procedure

Banjul charter

Treaty

Banjul charter

Treaty

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

Rules of Procedure

Banjul charter

Treaty

Achpr instr proto court eng

2. The Court shall rule on the admissibility of cases taking into account the provisions of article 56 of the Charter.

Treaty

Banjul charter

Treaty

7758 treaty 0021 constitutive act of the african union e

Treaty

7758 treaty 0021 constitutive act of the african union e

Treaty

1. UN Charter 2

UN Document

Banjul charter

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

Treaty

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

5. be filed after exhausting local remedies, if any, unless it is obviousthat this procedure is unduly prolonged;

Rules of Procedure

Banjul charter

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

Treaty

Banjul charter

Treaty

Banjul charter

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

Treaty

Banjul charter

Treaty

147 95 149 96 Sir Dawda K. Jawara Gambia (The)

Document

003 12 Peter Joseph Chacha v The United Republic of Tanzania

142. Exhaustion of local remedies by an Applicant is not a matter of choice. It is a legal requirement ininternational law. Therefore this Court in the matter of Application No 003/2011 Urban Mkandawire vRepublic of Malawi affirmed the importance of this requirement; it dismissed the application on the basisthat the Applicant in that matter had not exhausted local judicial remedies.

AfCHPR Ruling

147 95 149 96 Sir Dawda K. Jawara Gambia (The)

Document

56. Application No 013 2011 Beneficiaries of late Norbert Zongo Ruling on Reparation

AfCHPR Ruling

54. Konate Judgment Engl

AfCHPR Ruling

013 2011 – Abdoulaye Nikiema Ernest Zongo Blaise Ilboudo Burkinabe Human and Peoples’ Rights Movement v Burkina Faso Judgment

68. In ordinary language, being effective refers to “that which produces the expected result” (Le Petit Robert, 2011, p. 824). On the issue under consideration, the effectiveness of a remedy is therefore measured in terms of its ability to solve the problem raised by the Applicant.

AfCHPR Ruling

54. Konate Judgment Engl

AfCHPR Ruling

Banjul charter

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

Treaty

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

Rules of Procedure

013 2011 – Abdoulaye Nikiema Ernest Zongo Blaise Ilboudo Burkinabe Human and Peoples’ Rights Movement v Burkina Faso Judgment

AfCHPR Ruling

013 2011 – Abdoulaye Nikiema Ernest Zongo Blaise Ilboudo Burkinabe Human and Peoples’ Rights Movement v Burkina Faso Judgment

92. The Court is of the opinion that determination as to whether the duration of the procedure in respect of local remedies has been normal! or abnormal should be carried out on a case-by-case basis depending on the circumstances of each case.

AfCHPR Ruling

Banjul charter

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

Treaty

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}

Rules of Procedure

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

7. not raise any mater or issues previously settled by the parties inaccordance with the principles of the Charter of the United Nations,the Constitutive Act of the African Union, the provisions of the Charteror of any legal instrument of the African Union.

Rules of Procedure

7758 treaty 0021 constitutive act of the african union e

Treaty

Banjul charter

Treaty

Banjul charter

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

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

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Banjul charter

Treaty

Fr. Judgment Ingabire Victoire Umuhoza v Republic of Rwanda opt

103.D'apreslesDirectivesetprincipessurIedroitaunprocesequitableetaI'assistancejudiciaireenAfrique:«pourdeterminerI'impartialited'uneinstancejuridictionnelle,ilconvientdetenircomptedetroisfacteurspertinents:1.siIejugeestenmesuredejouerunrOleessentieldanslaprocedure:2.siIejugepeutavoiruneopinionprecon9uerisquantdepeserlourdementsurladecision:et3.siIejugedoitstatuersurunedecisionqu'ilaprisedansI'exerciced'uneautrefonction»6.104.L'instancejuridictionnellen'estpasconsidereecommeimpartiale,si:«1.UnancienprocureurouavocatsiegeenqualitedejugedansuneaffaireouilaexercelesfonctionsdeParquetoud'avocat:2.Lemagistrata participesecretementa I'instructiondeI'affaire:3.IIexisteentreIemagistratetI'affaireouunedespartiesa I'affaireunlienquirisquedeprejugerladecision:4.Unmagistratsiegeenqualitedemembred'unejuridictiond'appelpourconnaitred'uneaffairequ'ila dejatrancheeoudanslaquelleilaeteimpliquedansunejuridictioninferieure7».

AfCHPR Ruling

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

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

Treaty

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

AfCHPR Ruling

Banjul charter

Treaty

Banjul charter

Every individual shall be entitled to equal protection of the law.

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Achpr instr proto court eng

Article 27 FINDINGS1. If the Court finds that there has been violation of a human or peoples’ rights, it shall make appropriate orders to remedy the violation, including the payment of fair compensation or reparation.

Treaty

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.

Rules of Procedure

Banjul charter

Treaty

Banjul charter

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

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

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

5. Any Member of the Court who heard the case may deliver a separate ordissenting opinion.

Rules of Procedure

Achpr instr proto court eng

7. If the judgment of the court does not represent, in whole or in part, the unanimous decision of the judges, any judge shall beentitled to deliver a separate or dissenting opinion.

Treaty

Treaties and softlaw only85
- Treaty65
- Rules of Procedure15
- UN Document4
- AfCHPR Ruling1
International cases/decisions12
- ICJ Document1
- Document2
- AfCHPR Ruling8
- Treaty1
Cases Referenced14
- AfCHPR Ruling14
Geolocation1
- Countries geolocation1

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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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