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أوازي من إعداد:
African Human Rights CLA 2.0
مكتبة
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معلومات
63العلاقات

Achpr30 155 96 eng

Document

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جدول المحتويات

Summary of Facts1
Complaint2
Procedure2
Law3
Admissibility3
Merits4
Holding9

Achpr30 155 96 eng

Document

Preview

Type of Document

Decision

Keywords

Damages and Compensation
Discrimination
Economic, Social and Cultural Development
Extra-Judicial Killings
Free Disposal of Wealth and Natural Resources
Freedom of Association
Freedom of Expression
Freedom of Movement
Human Rights Violations
Impunity
Massive Human Rights Violations
Military Offences
Militia operations / Armed conflicts
Mismanagement of Public Resources
Personal Liberty
Personal security
Protection of Family and Vulnerable Groups
Refugees / Asylum Seekers
Reparations / Remedies
Right to a General Satisfactory Environment
Right to Equality Before the Law
Right to Health
Right to Life
Right to Property
Transitional Justice

Case Head Notes: The communication alleges that the military government of Nigeria has been directly involved in oil production through the State oil company, the Nigerian National Petroleum Company (NNPC), the majority shareholder in a consortium with Shell Petroleum Development Corporation (SPDC), and that these operations have caused environmental degradation and health problems resulting from the contamination of the environment among the Ogoni People.

Country

Nigeria

Outcome: Decided on Merits

Year Decided: 27 أكتوبر 2001

Rights Alleged to be Violated

ACHPR 16 : Right to Health
ACHPR 18 : Protection of the Family and Vulnerable Groups
ACHPR 18.1: Protection of women and children
ACHPR 2: Freedom from Discrimination
ACHPR 21: Right to Free Disposal of Wealth and Natural Resources
ACHPR 24 : Right to a General Satisfactory Environment
ACHPR 4: Right to Life and Intergrity

Rights Violated

ACHPR 14: Right to Property
ACHPR 16 : Right to Health
ACHPR 18 : Protection of the Family and Vulnerable Groups
ACHPR 18.1: Protection of women and children
ACHPR 2: Freedom from Discrimination
ACHPR 21: Right to Free Disposal of Wealth and Natural Resources
ACHPR 24 : Right to a General Satisfactory Environment
ACHPR 4: Right to Life and Intergrity

Rights Not Violated

None Indicated

Duration of Proceduretest

14 مارس 1996 ~ 27 أكتوبر 2001

Country Geolocation

خط العرض: 9.081999

خط الطول: 8.675277

Country Geolocation (مرتبط Document): Nigeria

المستندات الأولية

155-96 - Social and Economic Rights Action Center (SERAC) and Center for Economic and Social Rights (CESR) v Nigeria.pdf
English
تحميل عرض
155-96 Centro de Ação de Direitos Sociais e Econômicos (SERAC) e Centro de Direitos Econômicos e Sociais (CESR) v Nigéria.pdf
Portuguese
؟؟؟؟؟؟
تحميل عرض
achpr30_155_96_fra.pdf
French
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تحميل عرض

Banjul charter

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Treaty

Banjul charter

Article 161. Every individual shall have the right to enjoy the best attainable state of physical and mental health. 2. States parties to the present Charter shall take the necessary measures to protect the health of their people and to ensure that they receive medical attention when they are sick.

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

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

Treaty

Banjul charter

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

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.

Treaty

Banjul charter

rticle 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 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

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

60 91 Constitutional Rights Project (in respect of Wahab Akamu, G. Adega and others)...

Document

Achpr17 129 94 eng

Document

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

Communication 155/96

Document

TFA decision ACERWC

SERAC and other V the Government of Nigeria (n10 above) para 46.

ACERWC Decision on Communication

TFA decision ACERWC

„obligation to protect requires States to protect right-holders against other subjects by legislation and provision of effective remedies. This obligation requires the States to prevent human rights violations, investigatehuman right violations, prosecute and ensure punishment of perpetrators

ACERWC Decision on Communication

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

Communication 155/96

Document

ICCPR

Article 21. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, suchas race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status

UN Document

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. Article 61The Commission shall also take into consideration, as subsidiary measures to determine the principles of law, other general or special international conventions, laying down rules expressly recognized by member states of the Organization of African Unity, African practices consistent with international norms on human and people's rights, customs generally accepted as law, general principles of law recognized by African states as well as legal precedents and doctrine

Treaty

Banjul charter

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

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

Treaty

ICESCR

Article 12 1. The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. 2. The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for: (a) The provision for the reduction of the stillbirth-rate and of infant mortality and for the healthy development of the child; (b) The improvement of all aspects of environmental and industrial hygiene; (c) The prevention, treatment and control of epidemic, endemic, occupational and other diseases; (d) The creation of conditions which would assure to all medical service and medical attention in the event of sickness.

UN Document

Banjul charter

Article 161. Every individual shall have the right to enjoy the best attainable state of physical and mental health

Treaty

Banjul charter

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

Treaty

Banjul charter

Treaty

317 06 The Nubian Community in Kenya vs The Republic of Kenya

Comm. no.155/96

Document

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

155/96

Document

Banjul charter

Treaty

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

Communication 155/96

Document

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

SERAC v Nigeria

Document

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

Communication no 155/96

Document

Banjul charter

Treaty

Banjul charter

Treaty

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

Communication 155/96

Document

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

Treaty

Banjul charter

Treaty

Banjul charter

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Treaty

ACERWC Decision on the Communication submitted by IRDHA on behalf of Children of Nubian Descent Vs The Government of Kenya

SERACv.Federal Republic of Nigeria, Communication No. 155/96, para 68.

ACERWC Decision on Communication

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Treaty

Banjul charter

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

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

Treaty

Banjul charter

Treaty

لا تسمية26
- Document19
- ACERWC Decision on Communication4
- ECOWAS Court3
Treaties and softlaw only33
- Treaty31
- UN Document2
Cases Referenced3
- Document3
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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