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Communication 207/97 - Africa Legal Aid v. Gambia

ACHPR Decision

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Summary of Facts1
Complaint1
Procedure1
Law2
Admissibility2
Holding4

Communication 207/97 - Africa Legal Aid v. Gambia

ACHPR Decision

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Type of Document

Declaration

Keywords

Child Abuse/Exploitation
Cruel and Degrading Treatment
Education
Right to a General Satisfactory Environment
Right to Education
Slavery and Human Trafficking

Case Head Notes: The Complainant alleges that the above-mentioned minor is reported to have been fraudulently taken out of his country of origin, Malawi, and subjected to working conditions close to slavery in The Gambia by someone called Collyer, a British national.

Country

Gambia

Outcome: Ruled Inadmissible

Year Decided: May 7, 2001

Rights Alleged to be Violated (ACHPR Provisions)

ACHPR 18.3: Protection of Rights of Women and Children
ACHPR 24: Right to a General Satisfactory Environment
ACHPR 5: Cruel Inhuman and Degrading Treatment

Duration of Procedure

Oct 23, 1997 ~ May 7, 2001

Country Geolocation

Latitude: 13.443182

Longitude: -15.310139

Country Geolocation (linked ACHPR Decision): Gambia

Primary Documents

achpr29_207_97_eng.pdf
English
Download View

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

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

Treaty

African Charter on Human and Peoples' Rights

Treaty

International Covenant on Civil and Political Rights ICCPR

4. States Parties to the present Covenantshall take appropriate steps to ensure equality of rights and responsibilities of spouses as to marriage, during marriage and at its dissolution. In the case of dissolution, provision shall be made for the necessary protection of any children. Article 24 1. Every child shall have, without any discrimination as to race, colour, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his status as a minor, on the part of his family, society and the Stat

UN Document

UN Convention on the Rights of the Child

Article 32 1. States Parties recognize the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child's education, or to be harmful to the child's health or physical, mental, spiritual, moral or social development. 2. States Parties shall take legislative, administrative, social and educational measures to ensure the implementation of the present article. To this end, and having regard to the relevant provisions of other international instruments, States Parties shall in particular: (a) Provide for a minimum age or minimum ages for admission to employment; (b) Provide for appropriate regulation of the hours and conditions of employment; 10(c) Provide for appropriate penalties or other sanctions to ensure the effective enforcement of the present article

UN Document

UN Convention on the Rights of the Child

Article 11 1. States Parties shall take measures to combat the illicit transfer and non-return of children abroad. 2. To this end, States Parties shall promote the conclusion of bilateral or multilateral agreements or accession to existing agreements

UN Document

219/98 Legal Defence Centre v Gambia (The)

ACHPR Decision

74/92 Commission Nationale des Droits de l'Homme et des libertés v Chad

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

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

Treaty

103/93 Alhassan Abubakar v Ghana

ACHPR Decision

215/98 Rights International v Nigeria

ACHPR Decision

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

Rule 111 Review of the decision of the Commission on the meritsOnce the Commission has taken a 1. decision on the merits, it may, on its own initiative or upon the written request of one of the parties, review the decision. In determining whether to review 2. its decision on the merits, the Commission shall satisfy itself of the following:that the request is based upon a. the discovery of some fact of such a nature as to be a decisive factor, which fact was not known to the Commission and the party requesting the review, provided that such ignorance was not due to negligence;that the application for review b. is made within six months of the discovery of the new fact;any other compelling reason or c. situation that the Commission may deem appropriate or relevant to justify review of a Communication, with a view to ensure fairness, justice and respect for human and peoples’ rights.No application for review may be 3. made after three years from the date of the decision.

ACHPR Soft Law

215/98 Rights International v Nigeria

ACHPR Decision

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,

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- UN Document3
- Treaty6
- ACHPR Soft Law1
Cases Referenced5
- ACHPR Decision5
Location1
- Countries (Geolocation) 1

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