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74 العلاقات, 13 الكيانات

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أوازي من إعداد:
African Human Rights CLA 2.0
مكتبة
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معلومات
74العلاقات

Achpr46 276 03 eng

Document

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Summary of Alleged Facts1
Articles Alleged to Have Been Violated3
Procedure3
Law5
Admissibility5
Merits7
Complainants’ Submission on the Merits7
Respondent State Submissions on Merits17
Decision on Merits18
Recommendations of the African Commission38
Footnotes39

Achpr46 276 03 eng

Document

Preview

Type of Document

Decision

Keywords

Civil and Political Rights
Damages and Compensation
Economic, Social and Cultural Development
Forced Eviction
Free Disposal of Wealth and Natural Resources
Freedom of Religion
Internal Displacement
Land Expropriation
Land Rights
Protection of Family and Vulnerable Groups
Provisional/interim measures
Regional Human Rights Laws
Right to Education
Right to Equality Before the Law
Right to Property
Rights of Minority Communities

Case Head Notes: The Complainants allege that the Government of Kenya in violation of the African Charter on Human and Peoples’ Rights (hereinafter the African Charter), the Constitution of Kenya and international law, forcibly removed the Endorois from their ancestral lands around the Lake Bogoria area of the Baringo and Koibatek Administrative Districts, as well as in the Nakuru and Laikipia Administrative Districts within the Rift Valley Province in Kenya, without proper prior consultations, adequate and effective compensation.

Country

Kenya

Outcome: Decided on Merits

Year Decided: 25 نوفمبر 2009

Rights Alleged to be Violated

ACHPR 14: Right to Property
ACHPR 17 : Right to Education
ACHPR 21: Right to Free Disposal of Wealth and Natural Resources
ACHPR 22: Peoples' Right to Economic, Social and Cultural Development
ACHPR 8: Right to Freedom of Conscience

Rights Violated

ACHPR 1 - General Obligations
ACHPR 14: Right to Property
ACHPR 17 : Right to Education
ACHPR 21: Right to Free Disposal of Wealth and Natural Resources
ACHPR 22: Peoples' Right to Economic, Social and Cultural Development
ACHPR 8: Right to Freedom of Conscience

Rights Not Violated

None Indicated

Duration of Proceduretest

22 مايو 2003 ~ 25 نوفمبر 2009

Country Geolocation

خط العرض: -0.023559

خط الطول: 37.906193

Country Geolocation (مرتبط Document): Kenya

المستندات الأولية

achpr46_276_03_eng.pdf
English
تحميل عرض
achpr46_276_03_fra.pdf
French
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تحميل عرض

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 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 developme

Treaty

Banjul charter

Article 14 The right to property shall be guar anteed. 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

Article 8 4Freedom of conscience, the profession and free practice of religion shall be guaranteed. No one may, subject to law and order, be submitted to measures restricting the exercise of these freedoms

Treaty

Banjul charter

Article 551.Before each Session, the Secretary of the Commission shall make a list of the communications other than those of States parties to the present Charter and transmit them to the members of the Commission, who shall indicate which communications should be considered by the Commission. 2.A communication shall be considered by the Commission if a simple majority of its members so decide.

Treaty

Rules of Procedure of the African Commission

If the Commission has made a 2. request for Provisional Measures against a State Party in accordance with Rule 98, and considers that the State has not complied with the Provisional Measures requested, the Commission may pursuant to Article 5 (1) (a) of the Protocol, refer the communication to the Court and inform the Complainant and the State concerned. The Commission may, pursuant to 3. Rule 84(2) submit a communication before the Court against a State Party if a situation that, in its view, constitutes one of serious or massive violations of human rights as provided for under Article 58 of the African Charter, has come to its attention.

ACmHPR Soft Law

Achpr30 155 96 eng

Document

Banjul charter

Article 24All peoples shall have the right to a general satisfactory environment favorable to their development.

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.

Treaty

19. 25 89 47 90 56 91 100 93 Free Legal Assistance Group, Lawyers' Committee for Human Rights, Union Interafricaine des Droits de l'Homme, Les Témoins de Jehovah v. DRC

Document

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Article 14The 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

Article 14The 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 14The 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

Article 14The 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

Article 14The 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

Article 14The 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

Article 14The 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

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Article 14The 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

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.

Treaty

Banjul charter

Treaty

Banjul charter

3. Interpret all the provisions of the present Charter at the request of a State party, an institution of the OAU or an African Organization recognized by the OAU

Treaty

Banjul charter

Treaty

Banjul charter

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

Treaty

Free Legal Assistance Group and Others v Zaire

Document

Banjul charter

Treaty

212 98 Amnesty International Zambia

Document

Banjul charter

Article 14The 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

54 91 61 91 96 93 98 93 164 97 196 97 210 98 Malawi African Association, Amnesty...

Document

286 04 Communication 286 2004 – Dino Noca vs Democratic Republic of the Congo

Communication 276/03

Document

Banjul charter

Article 14The 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

Article 14The 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

Article 14The 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

328 06 Front for the Liberation of the State of Cabinda v Republic of Angola

276/03

Document

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

Article 14The 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

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

Treaty

Banjul charter

Treaty

Banjul charter

Article 14The 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

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

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.

Treaty

Banjul charter

Article 14The 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

Treaty

Treaties and softlaw only61
- Treaty60
- ACmHPR Soft Law1
Cases Referenced5
- Document5
لا تسمية7
- Document6
- ECOWAS Court1
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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