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Communication 306/05 – Samuel T. Muzerengwa & 110 Ors (represented by Zimbabwe Lawyers for Human Rights) v. Zimbabwe

ACHPR Decision

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Summary of the Complaint1
Articles alleged to have been violated2
Procedure2
The Law on Admissibility4
Complainant’s Submission on Admissibility4
Respondent State’s Submission on Admissibility 5
The Commission’s Analysis on Admissibility7
Decision of the Commission on Admissibility12

Communication 306/05 – Samuel T. Muzerengwa & 110 Ors (represented by Zimbabwe Lawyers for Human Rights) v. Zimbabwe

ACHPR Decision

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Type of Document

Decision

Keywords

Admissibility
Amicus curiae
Cruel and Degrading Treatment
Damages and Compensation
Domestic/National Laws
Economic, Social and Cultural Development
Equality
Equality Before the Law
Forced Eviction
Free Disposal of Wealth and Natural Resources
Freedom from Discrimination
Freedom of Association
Human Rights Violations
Participation in Government
Protection of Family and Vulnerable Groups
Regional Human Rights Laws
Right to Education
Right to Health
Right to Property
Rights and Welfare of the Child
Women's Rights

Case Head Notes: The Complainant alleges that on 16 December 1998, the Buhera Rural District Council at a Council meeting decided that Samuel T Muzerengwa’s village (hereinafter the “Wakarambwa Village”) was situated in the lands of another village called Nyararai Village headed by Mungofa Gotora. In its decision the Council resolved that the Wakarambwa’s village should immediately move out of the land it occupied. No alternative land was provided even though the decision to evict was reached in terms of the Rural District Act (29:13) which allows the District Councils of each district to allocate land to individuals who are resident or originate from that district, if there is an unoccupied land.

Country

Zimbabwe

Outcome: Ruled Inadmissible

Year Decided: Mar 3, 2011

Rights Alleged to be Violated (ACHPR Provisions)

ACHPR 1: General Obligations
ACHPR 10.1: Freedom of association
ACHPR 13.1: Right to participate freely in government
ACHPR 13.3: Right of access to public property and services
ACHPR 14: Right to Property
ACHPR 16: Right to Health
ACHPR 17: Right to Education
ACHPR 18.1: Protection of the family
ACHPR 18.4: Protection of the aged and the disabled
ACHPR 2: Freedom from Discrimination
ACHPR 21: Right to Free Disposal of Wealth and Natural Resources
ACHPR 22: Peoples' Right to Economic, Social and Cultural Development
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 5: Cruel Inhuman and Degrading Treatment

Rights Violated (ACHPR Provisions)

None Indicated

Rights Not Violated (ACHPR Provisions)

None Indicated

Duration of Procedure

Aug 29, 2005 ~ Mar 3, 2011

Country Geolocation

Latitude: -19.015438

Longitude: 29.154857

Country Geolocation (linked ACHPR Decision): Zimbabwe

Primary Documents

achpreos9_306_05_eng.pdf
English
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African Charter on Human and Peoples' Rights

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. 3Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the la

Treaty

African Charter on Human and Peoples' Rights

Article 101.Every individual shall have the right to free association provided that he abides by the law

Treaty

African Charter on Human and Peoples' Rights

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. 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

African Charter on Human and Peoples' Rights

Article 5Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited.

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

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

African Charter on Human and Peoples' Rights

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

African Charter on Human and Peoples' Rights

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

African Charter on Human and Peoples' Rights

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

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

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

Treaty

African Charter on Human and Peoples' Rights

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

Treaty

African Charter on Human and Peoples' Rights

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

African Charter on Human and Peoples' Rights

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

African Charter on Human and Peoples' Rights

15Article 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

Treaty

African Charter on Human and Peoples' Rights

Article 101.Every individual shall have the right to free association provided that he abides by the law

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

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. 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

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

25/89 Free Legal Assistance Group and Others v Zaire

ACHPR Decision

African Charter on Human and Peoples' Rights

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

Treaty

African Charter on Human and Peoples' Rights

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

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

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

Treaty

Rules of Procedure of the African Commission on Human and People's Rights

f the Commission has declared a 4. Communication inadmissible this decision may be reviewed at a later date, upon the submission of new evidence, contained in a written request to the Commission by the author.

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