I.
THE PARTIES
1.
Ligue ivoirienne des droits de l’homme (LIDHO), Mouvement ivoirien des
droits humains (MIDH) and the International Federation for Human Rights
(FIDH) (hereinafter referred to as “the Applicants”) are non-governmental
organisations (hereinafter referred to as “NGOs”), all of which have observer
status before the African Commission on Human and Peoples’ Rights
(hereinafter referred to as “the Commission”).1 They allege violation of
human rights in connection with the dumping of toxic waste in Abidjan and
its suburbs on 19 August 2006.
2.
The Application is filed against the Republic of Côte d’Ivoire (hereinafter
referred to as “the Respondent State”), which became a party to the African
Charter on Human and Peoples’ Rights (hereinafter referred to as “the
Charter”) on 31 March 1992 and to the Protocol to the African Charter on
Human and Peoples’ Rights on the Establishment of an African Court on
Human and Peoples’ Rights (hereinafter referred to as “the Protocol”) on 22
August 2014. Furthermore, the Respondent State, on 23 July 2013,
deposited the Declaration provided for under Article 34(6) of the Protocol
(hereinafter referred to as “the Declaration”), by virtue of which it accepted
the jurisdiction of the Court to receive applications from individuals and NonGovernmental
Organisations
having
observer
status
before
the
Commission. On 29 April 2020, the Respondent State deposited with the
Chairperson of the African Union Commission the instrument of withdrawal
of its Declaration. The Court has held that this withdrawal has no effect on
pending and new cases filed before the entry into force of the said
withdrawal one (1) year after its deposit which, in the present case, is on 30
April 2021.2
1
The NGOs concerned were granted observer status as follows: LIDHO (9 October 1991, 10th Ordinary
Session, Banjul, Gambia); MIDH (13 October 2001, 30th Ordinary Session, Banjul, the Gambia); and
FIDH (12 October 1990, 8th Ordinary Session, Banjul, the Gambia).
2 Suy Bi Gohoré and Others v. Republic of Côte d'Ivoire (merits and reparations) (15 July 2020) 4 AfCLR
396, § 2
2