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006/2012 - African Commission on Human and Peoples’ Rights v the Republic of Kenya - Judgment

AfCHPR Decision

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Complaint1
Now Therefore:17
Bernard M. NGOEPE, Judge18
I. THE PARTIES21
II. SUBJECT MATTER OF THE APPLICATION21
Ill. PROCEDURE23
G. Alleged violation of Article 21 of the Charter77

006/2012 - African Commission on Human and Peoples’ Rights v the Republic of Kenya - Judgment

AfCHPR Decision

Preview

Type of Document

Judgement
Order

Keywords

Damages and Compensation
Economic, Social and Cultural Development
Forced Eviction
Free Disposal of Wealth and Natural Resources
Freedom of Religion
Indigenous Communities
Land Rights
Provisional/interim measures
Right to Property

Country

Kenya

Outcome

Decided on Merits

Year Decided: May 26, 2017

Rights Alleged to be Violated (ACHPR Provisions)

ACHPR 1: General Obligations
ACHPR 14: Right to Property
ACHPR 17.2: Freedom to Participate in Community Cultural Life
ACHPR 17.3: Promotion/Protection of Community Values
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 4: Right to Life and Integrity
ACHPR 8: Right to Freedom of Conscience

Rights Violated (ACHPR Provisions)

ACHPR 1: General Obligations
ACHPR 14: Right to Property
ACHPR 17.2: Freedom to Participate in Community Cultural Life
ACHPR 17.3: Promotion/Protection of Community Values
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 8: Right to Freedom of Conscience

Rights Not Violated (ACHPR Provisions)

ACHPR 4: Right to Life and Integrity

Duration of Procedure: Nov 23, 2009 ~ May 26, 2017

Country Geolocation

Latitude: -0.023559

Longitude: 37.906193

Country Geolocation (linked AfCHPR Decision): Kenya

Primary Documents

006-2012 - African Commission on Human and Peoples’ Rights v the Republic of Kenya.pdf
English
ML TOC
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Arret Requte No. 006 du 2012 - Commission Africaine des Droits de L' Homme et Des Peuples contra Republique du Kenya - Optimized.pdf
French
ML TOC
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Supporting files

pdf

ACHPR v Kenya (Compliance Order) (Arabic).pdf2.61 MB

pdf

ACHPR v Kenya (Compliance Order) (Francais).pdf2.02 MB

pdf

ACHPR v Kenya (Compliance Order).pdf1.98 MB

pdf

ACHPR v Kenya (Portuguese).pdf628.67 kB

African Charter on Human and Peoples' Rights

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

African Charter on Human and Peoples' Rights

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

African Charter on Human and Peoples' Rights

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

Treaty

African Charter on Human and Peoples' Rights

Treaty

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.

Treaty

African Charter on Human and Peoples' Rights

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

African Charter on Human and Peoples' Rights

Article 8 4Freedom of conscience, the profession and free practice of religion shall be guaranteed. No one may, subject to law and order, be submitted to measures restricting the exercise of these freedoms.

Treaty

Rules of Court (African Court on Human and People's Rights)

Rule 34Commencement of Proceedings1. The Applicant shall file in the Court Registry, one (1) copy of theapplication containing a summary of the facts of the case andof theevidence intended to be adduced.The said application shall be signed by the Applicant or by his/herrepresentative.The Registrar shall acknowledge receipt of the application.2. Any application addressed to the Court shall give clear particulars of theApplicant and of the party or parties against whom such application hasbeen brought. The application shall also contain the names and addressesof the persons designated as the Applicant’s representatives.3. The application shall be written in one of the official languages of theCourt, and the original forwarded to the Court Registry.4. The application shall specify the alleged violation, evidence of exhaustionof local remedies or of the inordinate delay of such local remedies as well asthe orders or the injunctions sought. All applications filed by individualsand Non-Governmental Organizations shall meet the other admissibilityconditions as set out in article 56 of the Charter and Rule 40 of these Rules.5. Any Applicant who on his/her own behalf or on behalf of the victimwishes to be granted reparation pursuant to article 27(1) of the Protocol shallinclude the request for the reparation in the application in accordance withsub-rule 4 above. The amount of the reparation and the evidence relatingthereto may be submitted subsequently within the time limit set by theCourt.6. The Registrar shall effect service of the application on the other party byregistered post together with a request to acknowledge receipt.

Rules of Procedure

Rules of Court (African Court on Human and People's Rights)

Rule 40Conditions for Admissibility of ApplicationsPursuant to the provisions of article 56 of the Charter to which article 6(2) ofthe Protocol refers, applications to the Court shall comply with the followingconditions:1. disclose the identity of the Applicant notwithstanding the latter’srequest for anonymity;2. comply with the Constitutive Act of the Union and the Charter ;3. not contain any disparaging or insulting language;4. not be based exclusively on news disseminated through the massmedia;5. be filed after exhausting local remedies, if any, unless it is obviousthat this procedure is unduly prolonged;6. be filed within a reasonable time from the date local remedies wereexhausted or from the date set by the Court as being thecommencement of the time limit within which it shall be seized withthe matter; and 277. not raise any mater or issues previously settled by the parties inaccordance with the principles of the Charter of the United Nations,the Constitutive Act of the African Union, the provisions of the Charteror of any legal instrument of the African Union.

Rules of Procedure

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

Article 50The Commission can only deal with a matter submitted to it after making sure that all local remedies, if they exist, have been exhausted, unless it is obvious to the Commission that the procedure of achieving these remedies would be unduly prolonged.

Treaty

African Charter on Human and Peoples' Rights

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

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

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

African Charter on Human and Peoples' Rights

Article 581. When it appears after deliberations of the Commission that one or more communications apparently relate to special cases which reveal the existence of a series of serious or massive violations of human and peoples' rights, the Commission shall draw the attention of the Assembly of Heads of State and Government to these special cases. 2.The Assembly of Heads of State and Government may then request the Commission to undertake an in-depth study of these cases and make a factual report, accompanied by its findings and recommendations. 3.A case of emergency duly noticed by the Commission shall be submitted by the latter to the Chairman of the Assembly of Heads of State and Government who may

Treaty

African Charter on Human and Peoples' Rights

Treaty

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Treaty

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Article 3 JURISDICTION 1. The jurisdiction of the Court shall extend to all cases and disputes submitted to it concerning the interpretation and application of the Charter, this Protocol and any other relevant Human Rights instrument ratified by the States concerned.2. In the event of a dispute as to whether the Court has jurisdiction, the Court shall decide.

Treaty

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Article 5 ACCESS TO THE COURT 1. The following are entitled to submit cases to the Court:a) The Commission

Treaty

Rules of Court (African Court on Human and People's Rights)

1. Pursuant to the provisions of articles 5 and 34 (6) of the Protocol, thefollowing are entitled to submit cases to the Court:a. The Commission;

Rules of Procedure

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

If the Commission has made a 2. request for Provisional Measures against a State Party in accordance with Rule 98, and considers that the State has not complied with the Provisional Measures requested, the Commission may pursuant to Article 5 (1) (a) of the Protocol, refer the communication to the Court and inform the Complainant and the State concerned. The Commission may, pursuant to 3. Rule 84(2) submit a communication before the Court against a State Party if a situation that, in its view, constitutes one of serious or massive violations of human rights as provided for under Article 58 of the African Charter, has come to its attention.

ACHPR Soft Law

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Article 4 ADVISORY OPINIONS1. At the request of a Member State of the OAU, the OAU, any of its organs, or any African organization recognized by the OAU, the Court may provide an opinion on any legal matter relating to the Charter or any other relevant human rights instruments, provided that the subject matter of the opinion is not related to a matter being examined by the Commission.

Treaty

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

Rule 123 Lis PendensThe commission shall not consider any communication relating to a communication still pending before the court, unless the communication has been formally withdrawn.

ACHPR Soft Law

African Charter on Human and Peoples' Rights

Treaty

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Article 2 RELATIONSHIP BETWEEN THE COURT AND THE COMMISSIONThe Court shall, bearing in mind the provisions of this Protocol, complement the protective mandate of the African Commission on Human and Peoples` Rights hereinafter referred to as “the Commission”, conferred upon it by the African Charter on Human and Peoples` Rights, hereinafter referred to as “the Charter”.

Treaty

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Article 5 ACCESS TO THE COURT 1. The following are entitled to submit cases to the Court:a) The Commission

Treaty

African Charter on Human and Peoples' Rights

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 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 development.

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

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.

Treaty

African Charter on Human and Peoples' Rights

Treaty

Rules of Court (African Court on Human and People's Rights)

Rules of Procedure

Rules of Court (African Court on Human and People's Rights)

2. Unless otherwise decided by the Court, the Registrar shall forward copiesof the application where applicable to the:a) State Party against which the application has been filed, inaccordance with Rule 34 (6) of these Rules;

Rules of Procedure

Rules of Court (African Court on Human and People's Rights)

4. In forwarding applications as stipulated in sub-rules 2 and 3 of this Rule,the Registrar shall invite:a) the Respondent State Party to indicate, within thirty (30) days ofreceipt of the application, the names and addresses of itsrepresentatives;

Rules of Procedure

Rules of Court (African Court on Human and People's Rights)

Rule 37Time Limit for ReplyThe State Party against which an application has been filed shall respondthereto within sixty (60) days provided that the Court may, if the needarises, grant an extension of time.

Rules of Procedure

Rules of Court (African Court on Human and People's Rights)

3. The Registrar shall also inform the Chairperson of the African UnionCommission and through him/her, the Executive Council of the AfricanUnion, and all the other States Parties to the Protocol, of the filing of theapplication;

Rules of Procedure

Rules of Court (African Court on Human and People's Rights)

5. The Court may invite the parties to provide it with information on anyissue relating to implementation of the interim measures adopted by it.

Rules of Procedure

Rules of Court (African Court on Human and People's Rights)

Rule 51Interim Measures1. Pursuant to article 27(2) of the Protocol, the Court may, at the request ofa party, the Commission or on its own accord, prescribe to the parties anyinterim measure which it deems necessary to adopt in the interest of theparties or of justice.2. In case of extreme urgency, the President may convene an extraordinarysession of the Court to decide on measures to be taken. He/she may, in thisregard, and by all reliable means, enlist the views of the Members notpresent.3.The Court shall duly notify the parties to the case, the Commission, theAssembly, the Executive Council and the African Union Commission of theaforesaid interim measures.4. In the Annual Report submitted by the Court to the Assembly pursuantto article 31 of the Protocol, the Court shall disclose the interim measures itordered during the period under review. In the event of non-compliance withthese measures by the State 32concerned, the Court shall make all suchrecommendations as it deems appropriate.5. The Court may invite the parties to provide it with information on anyissue relating to implementation of the interim measures adopted by it.

Rules of Procedure

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Article 5 ACCESS TO THE COURT 1. The following are entitled to submit cases to the Court:a) The Commissionb) The State Party which had lodged a complaint to the Commissionc) The State Party against which the complaint has been lodged at the Commissiond) The State Party whose citizen is a victim of human rights violatione) African Intergovernmental Organizations2. When a State Party has an interest in a case, it may submit a request to the Court to be permitted to join.3. The Court may entitle relevant Non Governmental organizations (NGOs) with observer status before the Commission, and individuals to institute cases directly before it, in accordance with article 34 (6) of this Protocol.

Treaty

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Treaty

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Article 5 ACCESS TO THE COURT 1. The following are entitled to submit cases to the Court:a) The Commission

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

Treaty

African Charter on Human and Peoples' Rights

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

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

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 development.

Treaty

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

2. In cases of extreme gravity and urgency, and when necessary to avoid irreparable harm to persons, the Court shall adopt such provisional measures as it deems necessary.

Treaty

Rules of Court (African Court on Human and People's Rights)

Rules of Procedure

Rules of Court (African Court on Human and People's Rights)

2. In accordance with article 22 of the Protocol, any Member of the Courtwho is a national of a State that is party to a case shall abstain fromhearing that case.

Rules of Procedure

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Article 5 ACCESS TO THE COURT 1. The following are entitled to submit cases to the Court:a) The Commission

Treaty

International Covenant on Civil and Political Rights ICCPR

UN Document

International Covenant on Economic, Social and Cultural Rights ICESCR

UN Document

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Article 5 ACCESS TO THE COURT 1. The following are entitled to submit cases to the Court:a) The Commission

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

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

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

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

Treaty

Rules of Court (African Court on Human and People's Rights)

The Court may also, if it deems it necessary, hear, under Rule 45 of the Rules, the individual or NGO that initiated a communication to the Commission pursuant to Article 55 of the Charter.

Rules of Procedure

Rules of Court (African Court on Human and People's Rights)

Rule 45Measures for Taking Evidence1. The Court may, of its own accord, or at the request of a party, or therepresentatives of the Commission, where applicable, obtainany evidencewhich in its opinion may provide clarification of the facts of a case. TheCourt may,inter alia, decide to hear as a witness or expert or in any othercapacity any person whose evidence, assertions or statements it deemslikely to assist it in carrying out its task.

Rules of Procedure

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Article 9 AMICABLE SETTLEMENTThe Court may try to reach an amicable settlement ina case pending before it in accordance with the provisions of the Charter.

Treaty

Rules of Court (African Court on Human and People's Rights)

Rule 57Amicable Settlement Under the Auspices of the Court1. Pursuant to article 9 of the Protocol, the Court may promote amicablesettlement of cases pending before it. To that end, it may contact the partiesand take appropriate measures to facilitate amicable settlement of thedispute, based on respect for human and peoples’ rights as recognized bythe Charter.2. Any negotiations entered into with a view to reaching an amicablesettlement shall be confidential and without prejudice to the parties’observations in the proceedings before the Court. No written or oralcommunication and no offer of concession made as part of suchnegotiations shall be mentioned or referred to in the proceedings before theCourt.3. In the event of an amicable settlement of a case, the Court shall render ajudgment, which shall be limited to a brief statement of the facts and of thesolution adopted.4 However, pursuant to its discretion under the Protocol, the Court maydecide to proceed with the hearing of the application notwithstanding thenotice of amicable settlement.

Rules of Procedure

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

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

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

Treaty

African Charter on Human and Peoples' Rights

2. 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.

Treaty

Rules of Court (African Court on Human and People's Rights)

Rule 63Judgment on ReparationThe Court shall rule on the request for the reparation, submitted inaccordance with Rule 34 (5) of these Rules, by the same decisionestablishing the violation of a human and peoples’ right or, if thecircumstances so require, by a separate decision.

Rules of Procedure

Rules of Court (African Court on Human and People's Rights)

Rules of Procedure

Rules of Court (African Court on Human and People's Rights)

Rule 39Preliminary Examination of the Competence of the Court and ofAdmissibility of Applications1. The Court shall conduct preliminary examination of its jurisdiction andthe admissibility of the application in accordance with articles 50 and 56 ofthe Charter, and Rule 40 of these Rules.2. Pursuant to sub-rule 1 of this Rule, the Court may request the parties tosubmit any factual information, documents or other material considered bythe Court to be relevant.

Rules of Procedure

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Article 391.In case of death or resignation of a member of the Commission the Chairman of the Commission shall immediately inform the Secretary General of the Organization of African Unity, who shall declare the seat vacant from the date of death or from the date on which the resignation takes effect.2.If, in the unanimous opinion of other members of the Commission, a member has stopped discharging his duties for any reason other than a temporary absence, the Chairman of the Commission shall inform the Secretary General of the Organization of African Unity, who shall then declare the seat vacant.3.In each of the cases anticipated above, the Assembly of Heads of State and Government shall replace the member whose seat became vacant for the remaining period of his term unless the period is less than six months.

Treaty

Rules of Court (African Court on Human and People's Rights)

Rules of Procedure

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Treaty

Rules of Court (African Court on Human and People's Rights)

Rule 26Jurisdiction1. Pursuant to the Protocol, the Court shall have jurisdiction:a) to deal with all cases and all disputes submitted to it concerninginterpretation and application of the Charter, the Protocol and any otherrelevant human rights instrument ratified by the States concerned;

Rules of Procedure

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Article 5 ACCESS TO THE COURT 1. The following are entitled to submit cases to the Court:a) The Commission

Treaty

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Treaty

Rules of Court (African Court on Human and People's Rights)

Rules of Procedure

African Charter on Human and Peoples' Rights

Treaty

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Article 5 ACCESS TO THE COURT 1. The following are entitled to submit cases to the Court:a) The Commission

Treaty

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Treaty

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Article 5 ACCESS TO THE COURT 1. The following are entitled to submit cases to the Court:a) The Commission

Treaty

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

6. At the time of the ratification of this Protocol or any time thereafter, the State shall make adeclaration accepting the competence of the Court to receive cases under article 5 (3) of this Protocol. The Court shall not receive any petition under article 5 (3) involving a State Party which has not made such a declaration.

Treaty

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Treaty

Rules of Court (African Court on Human and People's Rights)

Rules of Procedure

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Article 5 ACCESS TO THE COURT 1. The following are entitled to submit cases to the Court:a) The Commission

Treaty

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

ACHPR Soft Law

Rules of Court (African Court on Human and People's Rights)

Rule 33Access to the Court1. Pursuant to the provisions of articles 5 and 34 (6) of the Protocol, thefollowing are entitled to submit cases to the Court:a. The Commission;

Rules of Procedure

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Article 5 ACCESS TO THE COURT 1. The following are entitled to submit cases to the Court:a) The Commission

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

Rules of Court (African Court on Human and People's Rights)

Rules of Procedure

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Article 5 ACCESS TO THE COURT 1. The following are entitled to submit cases to the Court:a) The Commission

Treaty

African Charter on Human and Peoples' Rights

Treaty

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

2. The Court shall rule on the admissibility of cases taking into account the provisions of article 56 of the Charter.

Treaty

Rules of Court (African Court on Human and People's Rights)

Pursuant to the provisions of article 56 of the Charter to which article 6(2) ofthe Protocol refers, applications to the Court shall comply with the followingconditions:1. disclose the identity of the Applicant notwithstanding the latter’srequest for anonymity;

Rules of Procedure

Rules of Court (African Court on Human and People's Rights)

5. be filed after exhausting local remedies, if any, unless it is obviousthat this procedure is unduly prolonged;

Rules of Procedure

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Article 5 ACCESS TO THE COURT 1. The following are entitled to submit cases to the Court:a) The Commission

Treaty

Rules of Court (African Court on Human and People's Rights)

5. be filed after exhausting local remedies, if any, unless it is obviousthat this procedure is unduly prolonged;

Rules of Procedure

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

Rules of Court (African Court on Human and People's Rights)

5. be filed after exhausting local remedies, if any, unless it is obviousthat this procedure is unduly prolonged;

Rules of Procedure

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

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

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 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.

Treaty

African Charter on Human and Peoples' Rights

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

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

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

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

Treaty

African Charter on Human and Peoples' Rights

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

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 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. 2. For the purpose of strengthening peace, solidarity and friendly relations, States parties to the present Charter shall ensure that: (a) any individual enjoying the right of asylum under 12 of the present Charter shall not engage in subversive activities against his country of origin or any other State party to the present Charter; (b) their territories shall not be used as bases for subversive or terrorist activities against the people of any other State party to the present Charter.

Treaty

African Charter on Human and Peoples' Rights

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

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

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

Rules of Court (African Court on Human and People's Rights)

5. Any Applicant who on his/her own behalf or on behalf of the victimwishes to be granted reparation pursuant to article 27(1) of the Protocol shallinclude the request for the reparation in the application in accordance withsub-rule 4 above. The amount of the reparation and the evidence relatingthereto may be submitted subsequently within the time limit set by theCourt.

Rules of Procedure

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- Treaty106
- Rules of Procedure29
- ACHPR Soft Law3
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- ECOWAS Court4
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