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أوازي من إعداد:
African Human Rights CLA 2.0
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معلومات
123العلاقات

Achpr47 313 05 eng

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Summary of the Complaint1
Complaint1
Procedure1
Law3
Admissibility3
Complainants’ submission3
Respondent State’s Submissions4
Response of the Complainants to the Respondent State’s submission on admissibility5
Respondent State’s reaction to the Complainant’s response to its submissions5
Decision of the Commission on the Respondent State’s challenge of its existence and competence6
The Commission’s analysis on admissibility7
Merits8
Respondent State’s preliminary objection to the Commission’s procedure8
African Commission’s decision on the preliminary objection9
Complainants’ submissions on the merits10
Respondent State’s Submissions on the Merits13
Complainant’s response to the Respondent State’s Submissions on the merit15
The Commission’s decision on the merits16
Decision of the Commission6

Achpr47 313 05 eng

Document

Preview

Type of Document

Decision

Keywords

Civil and Political Rights
Damages and Compensation
Discrimination
Domestic/National Laws
Economic, Social and Cultural Development
Expulsion from Country of Citizenship
Freedom of Expression
Freedom of Movement
Freedom of Opinion
Human Rights Violations
Inadequate Legal Provisions
Peace and Security
Personal Liberty
Protection of Family and Vulnerable Groups
Refugees / Asylum Seekers
Regional Human Rights Laws
Regional Judicial Body
Right to be Heard
Right to Equality Before the Law
Right to Fair Trial
Right to Information
Rights of Non-Nationals

Case Head Notes: The complaint states that Mr Kenneth Good, an Australian national, teaching at the University of Botswana, had his employment terminated after his expulsion from Botswana on 31st May 2005.

Country

Botswana

Outcome: Decided on Merits

Year Decided: 26 مايو 2010

Rights Alleged to be Violated

ACHPR 9 : Right to Receive Information and Free Expression
ACHPR 1 - General Obligations
ACHPR 12.4: Condition for Expulsion on Non-Nationals
ACHPR 18 : Protection of the Family and Vulnerable Groups
ACHPR 2: Freedom from Discrimination
ACHPR 7.1.a: Right to Sue for Remedy before a Competent Tribunal

Rights Violated

ACHPR 9 : Right to Receive Information and Free Expression
ACHPR 1 - General Obligations
ACHPR 12.4: Condition for Expulsion on Non-Nationals
ACHPR 18.1: Protection of women and children
ACHPR 18.2: Assistance to family
ACHPR 2: Freedom from Discrimination
ACHPR 7.1.a: Right to Sue for Remedy before a Competent Tribunal

Rights Not Violated

None Indicated

Duration of Proceduretest

24 نوفمبر 2005 ~ 26 مايو 2010

Country Geolocation

خط العرض: -22.328474

خط الطول: 24.684866

Country Geolocation (مرتبط Document): Botswana

المستندات الأولية

achpr47_313_05_eng.pdf
English
تحميل عرض

Banjul charter

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

Treaty

Banjul charter

Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law

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.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

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

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

Treaty

Banjul charter

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

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Banjul charter

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

Treaty

7758 treaty 0021 constitutive act of the african union e

Article5Organs oftheUnion1.The organsofthe Union shallbe: (a)The Assemblyofthe Union;(b)The ExecutiveCouncil;(c)The Pan-AfricanParliament;(d)The CourtofJustice; (e)The Commission;(f)The PermanentRepresentativesCommittee; (g)The SpecializedTechnicalCommittees;(h)The Economic,Social andCulturalCouncil;(i)The FinancialInstitutions;2.Otherorgansthatthe Assemblymay decidetoestablish

Treaty

7758 treaty 0021 constitutive act of the african union e

Article 9PowersandFunctionsoftheAssembly1.Thefunctionsofthe Assemblyshallbeto:(a)determinethe commonpoliciesofthe Union;(b) receive, considerandtakedecisions on reportsand recommendationsfrom the otherorgansofthe Union;(c)·considerrequestsforMembershipofthe Union; (d)establishanyorganofthe Union

Treaty

Banjul charter

Article 45The functions of the Commission shall be: 1.To promote Human and Peoples' Rights and in particular: (a)To collect documents, undertake studies and researches on African problems in the field of human and peoples' rights, organize seminars, symposia and conferences, disseminate information, encourage national and local institutions concerned with human and peoples' rights, and should the case arise, give its views or make recommendations to Governments. (b)To formulate and lay down, principles and rules aimed at solving legal problems relating to human and peoples' rights and fundamental freedoms upon which African Governments may base their legislations. (c)Co-operate with other African and international institutions concerned with the promotion and protection of human and peoples' rights. 2. Ensure the protection of human and peoples' rights under conditions laid down by the present 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. 4. Perform any other tasks which may be entrusted to it by the Assembly of Heads of State and Government.

Treaty

7758 treaty 0021 constitutive act of the african union e

Article13FunctionsoftheExecutiveCouncil1.TheExecutiveCouncilshall·coordinateandtakedecisionson policiesin areasof commoninterest to the MemberStates, includingthefollowing:(a)foreigntrade;(b)energy,industryandmineralresources;(c) food, agricultural and animal resources, livestock productionandforestry;(d)waterresourcesandirrigation;(e) environmental protection, humanitarian action and disasterresponseandrelief;(f)transportandcommunications; (g)Insurance;(h) education, culture, health and human resources development;(i)scienceandtechnology;(j)nationality,residencyandimmigrationmatters;(k) socialsecurity,includingtheformulationof motherand child care policies,as well as policiesrelating to the disabledandthehandicapped;(1) establishmentofasystemofAfricanawards,medalsand prizes.2.The ExecutiveCouncilshallbe responsibletotheAssembly.It shallconsiderissues referred to it and monitor the implementationofpoliciesformulatedbytheAssembly.Il_

Treaty

Banjul charter

Treaty

Banjul charter

2.Are compatible with the Charter of the Organization of African Unity or with the present Charter,

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

Treaty

Banjul charter

2. Every individual shall have the right to leave any country including his own, and to return to his country. This right may only be subject to restrictions, provided for by law for the protection of national security, law and order, public health or morality

Treaty

Banjul charter

4. A non-national legally admitted in a territory of a State Party to the present Charter, may only be expelled from it by virtue of a decision taken in accordance with the law.

Treaty

Banjul charter

4. A non-national legally admitted in a territory of a State Party to the present Charter, may only be expelled from it by virtue of a decision taken in accordance with the law.

Treaty

Banjul charter

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.

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Rules of Procedure of the African Commission

Rule 119 Admissibility under Article 6 of the ProtocolWhere, pursuant to Article 6 of 1. the Protocol, the Commission is requested to give its opinion, on the admissibility of a communication pending before the Court or where the Court has transferred a communication to the Commission, it shall consider the admissibility of this matter in accordance with Article 56 of the Charter and Rules 105, 106 and 107 of the present Rules. Upon conclusion of the examination 2. of the admissibility of the communication referred to it under Article 6 of the Protocol, the Commission shall immediately transmit its opinion or its decision on the admissibility to the Court.

ACmHPR Soft Law

Banjul charter

Article 30An African Commission on Human and Peoples' Rights, hereinafter called "the Commission", shall be established within the Organization of African Unity to promote human and peoples' rights and ensure their protection in Africa.

Treaty

7758 treaty 0021 constitutive act of the african union e

Treaty

7758 treaty 0021 constitutive act of the african union e

Treaty

Banjul charter

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.

Treaty

Banjul charter

2. Ensure the protection of human and peoples' rights under conditions laid down by the present Charter

Treaty

7758 treaty 0021 constitutive act of the african union e

(j)nationality,residencyandimmigrationmatters

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

Banjul charter

4.Are not based exclusively on news discriminated through the mass media

Treaty

Banjul charter

Treaty

Rules of Procedure of the African Commission

ACmHPR Soft Law

Rules of Procedure of the African Commission

ACmHPR Soft Law

Rules of Procedure of the African Commission

ACmHPR Soft Law

Banjul charter

Treaty

Banjul charter

Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law.

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

4. A non-national legally admitted in a territory of a State Party to the present Charter, may only be expelled from it by virtue of a decision taken in accordance with the law.

Treaty

Banjul charter

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

Banjul charter

4. A non-national legally admitted in a territory of a State Party to the present Charter, may only be expelled from it by virtue of a decision taken in accordance with the law.

Treaty

Banjul charter

4. A non-national legally admitted in a territory of a State Party to the present Charter, may only be expelled from it by virtue of a decision taken in accordance with the law

Treaty

74 92 Commission nationale des droits de l'Homme et des libertés Chad

Document

212 98 Amnesty International Zambia

Document

Banjul charter

Treaty

Banjul charter

4. A non-national legally admitted in a territory of a State Party to the present Charter, may only be expelled from it by virtue of a decision taken in accordance with the law

Treaty

Banjul charter

Article 91.Every individual shall have the right to receive information

Treaty

Banjul charter

Treaty

Banjul charter

Considering the Charter of the Organization of African Unity, which stipulates that "freedom, equality, justice and dignity are essential objectives for the achievement of the legitimate aspirations of the African peoples"; Reaffirming the pledge they solemnly made in Article 2 of the said Charter to eradicate all forms of colonialism from Africa, to coordinate and intensify their cooperation and efforts to achieve a better life for the peoples of Africa and to promote international cooperation having due regard to the Charter of the United Nations. and the Universal Declaration of Human Rights;

Treaty

Banjul charter

Firmly convinced of their duty to promote and protect human and people' rights and freedoms taking into account the importance traditionally attached to these rights and freedoms in Africa

Treaty

Banjul charter

Firmly convinced of their duty to promote and protect human and people' rights and freedoms taking into account the importance traditionally attached to these rights and freedoms in Africa

Treaty

Banjul charter

Article 15Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work.

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law.

Treaty

Banjul charter

Treaty

Banjul charter

4. A non-national legally admitted in a territory of a State Party to the present Charter, may only be expelled from it by virtue of a decision taken in accordance with the law.

Treaty

Banjul charter

4. A non-national legally admitted in a territory of a State Party to the present Charter, may only be expelled from it by virtue of a decision taken in accordance with the law

Treaty

137 94 139 94 154 96 161 97 International PEN, Constitutional Rights Project, Civil...

Document

Banjul charter

4. A non-national legally admitted in a territory of a State Party to the present Charter, may only be expelled from it by virtue of a decision taken in accordance with the law.

Treaty

Banjul charter

4. A non-national legally admitted in a territory of a State Party to the present Charter, may only be expelled from it by virtue of a decision taken in accordance with the law

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law.

Treaty

Banjul charter

Treaty

Achpreo6 284 03 eng

Document

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

Communication 313/05

Document

245 02 Zimbabwe Human Rights NGO Forum Zimbabwe

Document

Banjul charter

Treaty

Achpr26 148 96 eng

Document

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law.

Treaty

Banjul charter

Article 91.Every individual shall have the right to receive information

Treaty

Banjul charter

Article 91.Every individual shall have the right to receive information

Treaty

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

Document

Banjul charter

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.

Treaty

Banjul charter

Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law.

Treaty

212 98 Amnesty International Zambia

Document

Banjul charter

Article 91.Every individual shall have the right to receive information

Treaty

Banjul charter

Article 91.Every individual shall have the right to receive information

Treaty

Banjul charter

Article 91.Every individual shall have the right to receive information

Treaty

Banjul charter

Article 91.Every individual shall have the right to receive information

Treaty

Banjul charter

Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law

Treaty

212 98 Amnesty International Zambia

Document

Banjul charter

4. A non-national legally admitted in a territory of a State Party to the present Charter, may only be expelled from it by virtue of a decision taken in accordance with the law

Treaty

Banjul charter

.Every individual shall have the right to express and disseminate his opinions within the law

Treaty

Banjul charter

4. A non-national legally admitted in a territory of a State Party to the present Charter, may only be expelled from it by virtue of a decision taken in accordance with the law

Treaty

Banjul charter

4. A non-national legally admitted in a territory of a State Party to the present Charter, may only be expelled from it by virtue of a decision taken in accordance with the law

Treaty

Banjul charter

4. A non-national legally admitted in a territory of a State Party to the present Charter, may only be expelled from it by virtue of a decision taken in accordance with the law

Treaty

Banjul charter

4. A non-national legally admitted in a territory of a State Party to the present Charter, may only be expelled from it by virtue of a decision taken in accordance with the law

Treaty

97 93 14AR John K. Modise Botswana

Document

Achpr22 159 96 eng

Document

Banjul charter

4. A non-national legally admitted in a territory of a State Party to the present Charter, may only be expelled from it by virtue of a decision taken in accordance with the law

Treaty

Banjul charter

4. A non-national legally admitted in a territory of a State Party to the present Charter, may only be expelled from it by virtue of a decision taken in accordance with the law

Treaty

Banjul charter

Treaty

Banjul charter

rticle 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

81. 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

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

Treaty

212 98 Amnesty International Zambia

Document

Banjul charter

Treaty

Banjul charter

Treaty

137 94 139 94 154 96 161 97 International PEN, Constitutional Rights Project, Civil...

Document

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

Document

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law.

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

non-national legally admitted in a territory of a State Party to the present Charter, may only be expelled from it by virtue of a decision taken in accordance with the law

Treaty

Banjul charter

Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law.

Treaty

لا تسمية7
- Document6
- ECOWAS Court1
Treaties and softlaw only110
- Treaty97
- ACmHPR Soft Law4
- Document9
Cases Referenced5
- Document5
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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