broadly interpreted. It covers a range of economic interests which include:
movable or immovable property, tangible or intangible interests, such as
shares, patents, an arbitration award, the entitlement to pension, the right
to exercise a profession, a landlord’s entitlement to rent, the economic
interests connected with the running of a business.”
15. Protocol 1 Art.1 of the European Convention on Human Rights provides:
“Every natural or legal person is entitled to the peaceful enjoyment of his
possessions. No one shall be deprived of his possessions except in the public
interest and subject to the conditions provided for by law and by the
general principles of international law.”
It is not in dispute that physical assets like vehicles, buildings, and intangible assets
such as monies are classified as property. However, it is imperative for the Court to
determine whether pension can be classified as property right to bring the
Applicants claim within the purview of Article 9 (4) of the 2005 Supplementary
Protocol on the Court and Art 14 of the ACHPR.
16. The Question to ask at this point is what constitutes pension?
The Black’s Law Dictionary, Ninth Edition, defined pension as:
“A fixed sum regularly paid to a person or to the person’s beneficiaries by
an employer as a retirement benefit.”
The United States legal Definition defines Pension as:
“A payment benefit many workers receive from their employers upon
retirement. There are two main types of pensions- a defined benefit plan
and a defined contribution plan. Under a defined benefit plan, the benefit
that an employee receives is normally based on the length of employment
and the wages that were earned. Each employee does not have a separate
account in these programs, as the money to support the pensions is
generally administered through a trust established by the employer. In a
defined contribution plan, the employer makes regular deposits into an
account established for each employee. The employee is not guaranteed to
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