Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)
Article 4:Insertion of a new Article 10 in the Protocol of the Community Court of Justice.The Protocol on the Community Court of Justice is amended the insertion of the following new Article as follows: “Article 10: Access to the Court. Access to the Court is open to the following: a) Member States, and unless otherwise provided in a Protocol, the Executive Secretary, where action is brought for failure by a Member state to fulfill an obligation; b) Member States, the Council of Ministers and the Executive Secretary in proceeding for the determination of the legality of an action in relation to any community text; c) Individuals and corporate bodies in proceedings from the determination of an act or inaction of a Community official which violates the rights of the individuals or corporate bodies; d) Individuals on application for relief for violation of their human rights; the submission of application for which shall: i. Not be anonymous; nor ii. Be made whilst the same matter has been instituted before another International Court for adjudication; e) Staff of any Community institution, after the Staff Member has exhausted all appeal processes available to the officer under the ECOWAS Staff Rules and Regulations; f) Where in any action before a court of a Member State, an issue arises as to the interpretation of a provision of the Treaty, or the other Protocols or Regulations, the national court may on its own or at the request of any of the parties to the action refer the issue to the Court for interpretation.”
ECOWAS Court Rules of Procedure
Article 34The application shall be served on the defendant. In a case where Article 33 (6) applies, service shall be affected as soon as the application has been put in order.
ECOWAS Court Rules of Procedure
Article 34The application shall be served on the defendant. In a case where Article 33 (6) applies, service shall be affected as soon as the application has been put in order.
ECW/CCJ/APP/07/10 - SERAP v. Nigeria & Ors
International Covenant on Economic, Social and Cultural Rights ICESCR
International Covenant on Civil and Political Rights ICCPR
African Charter on Human and Peoples' Rights (Banjul Charter)
International Covenant on Economic, Social and Cultural Rights ICESCR
International Covenant on Civil and Political Rights ICCPR
African Charter on Human and Peoples' Rights (Banjul Charter)
International Covenant on Economic, Social and Cultural Rights ICESCR
International Covenant on Civil and Political Rights ICCPR
African Charter on Human and Peoples' Rights (Banjul Charter)
International Covenant on Civil and Political Rights ICCPR
International Covenant on Economic, Social and Cultural Rights ICESCR
Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)
3. Any action by or against a Community Institution or any Member of the Community shall be statute barred after three (3) years from the date when the right of action arose.
Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)
International Covenant on Civil and Political Rights ICCPR
International Covenant on Economic, Social and Cultural Rights ICESCR
Protocol A/P.I/7/91 on the Community Court of Justice
Article9: Competence of the Court1. The Court shall ensure the observance of law and of the principles of equity in the interpretation and application of the provisions of the Treaty.2. The Court shall also be competent to deal with disputes referred to it, in accordance with the provisions of Article 56 of the Treaty, by Member States or the Authority, when such disputes arise between the Member States or between one or more Member States and the Institutions of the Community on the· interpretation or application of the provisions of the Treaty. 3. A Member State may, on behalf of its nationals, institute proceedings against another Member State or Institution of the Community, relating to the interpretation and application of the provisions of the Treaty, after attempts to settle the dispute amicably have failed.4. The Court shall have any powers conferred upon it, specifically by the provisions of this Protocol.
Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)
Protocol A/P.I/7/91 on the Community Court of Justice
Protocol A/SP1/12/01
Article 39:Protocol A/P.1/7/91 adopted in Abuja on 6 July 1991 relating to the Community Court of Justice, shall be reviewed so as to give the Court the power to hear, inter-alia, cases relating to violations of human rights, after all attempts to resolve the matter at the national level have failed.
Protocol A/P.I/7/91 on the Community Court of Justice
Protocol A/SP1/12/01
h)The rights set out in the African Charter on Human and People’s Rights and other international instruments shall be guaranteed in each of the ECOWAS Member States; each individual or organisation shall be free to have recourse to the common or civil law courts, a court of special jurisdiction, or any other national institution established within the framework of an international instrument on Human Rights, to ensure the protection of his/her rights. Page7In the absence of a court of special jurisdiction, the present Supplementary Protocol shall be regarded as giving the necessary powers to common or civil law judicial bodies.
African Charter on Human and Peoples' Rights (Banjul Charter)
International Covenant on Civil and Political Rights ICCPR
African Charter on Human and Peoples' Rights (Banjul Charter)
International Covenant on Economic, Social and Cultural Rights ICESCR
ECW/CCJ/JUG/04/09 - Amouzou Henri & 5 Ors v. Côte d’Ivoire
× 1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home orcorrespondence, nor to unlawful attacks on his honour and reputation.2.Everyone has the right to the protection of the law against such interference or attacks.of the International Covenant on Civil and Political Rights (ICCPR).- The right of not being deprived of personal liberty in an arbitrary manner is guaranteed by Articles 9× No one shall be subjected to arbitrary arrest, detention or exile.of the Universal Declaration of Human Rights, 6 of the African Charter on Human and Peoples' Rights, and9(1)× 1. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest ordetention. No one shall be deprived of his liberty except on such grounds and in accordance with suchprocedure as are established by law.of the International Covenant on Civil and Political Rights (ICCPR).- The right to fair hearing is guaranteed by Articles 10× Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, inthe determination of his rights and obligations and of any criminal charge against him.of the Universal Declaration of Human Rights, 7 of the African Charter on Human and Peoples' Rights, and14× 1. All persons shall be equal before the courts and tribunals. In the determination of any criminal chargeagainst him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and publichearing by a competent, independent and impartial tribunal established by law. The press and the publicmay be excluded from all or part of a trial for reasons of morals, public order (ordre public) or nationalsecurity in a democratic society, or when the interest of the private lives of the parties so requires, or to theextent strictly necessary in the opinion of the court in special circumstances where publicity would prejudicethe interests of justice; but any judgement rendered in a criminal case or in a suit at law shall be madepublic except where the interest of juvenile persons otherwise requires or the proceedings concernmatrimonial disputes or the guardianship of children.2. Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guiltyaccording to law.3. In the determination of any criminal charge against him, everyone shall be entitled to the followingminimum guarantees, in full equality: (a) To be informed promptly and in detail in a language which heunderstands of the nature and cause of the charge against him; (b) To have adequate time and facilities forthe preparation of his defence and to communicate with counsel of his own choosing; (c) To be triedwithout undue delay; (d) To be tried in his presence, and to defend himself in person or through legalassistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and tohave legal assistance assigned to him, in any case where the interests of justice so require, and withoutpayment by him in any such case if he does not have sufficient means to pay for it; (e) To examine, or haveexamined, the witnesses against him and to obtain the attendance and examination of witnesses on hisbehalf under the same conditions as witnesses against him; (f) To have the free assistance of an interpreterif he cannot understand or speak the language used in court; (g) Not to be compelled to testify againsthimself or to confess guilt.4. In the case of juvenile persons, the procedure shall be such as will take account of their age and thedesirability of promoting their rehabilitation.5. Everyone convicted of a crime shall have the right to his conviction and sentence being reviewed by ahigher tribunal according to law.6. When a person has by a final decision been convicted of a criminal offence and when subsequently hisconviction has been reversed or he has been pardoned on the ground that a new or newly discovered factshows conclusively that there has been a miscarriage of justice, the person who has suffered punishmentas a result of such conviction shall be compensated according to law, unless it is proved that the8 non-disclosure of the unknown fact in time is wholly or partly attributable to him.7. No one shall be liable to be tried or punished again for an offence for which he has already been finallyconvicted or acquitted in accordance with the law and penal procedure of each country.of the International Covenant on Civil and Political Rights.58. The Universal Declaration of Human Rights and the African Charter on Human and Peoples' Rights areLegal Instruments that all ECOWAS Member States, including the State of Côte d'Ivoire are signatories. Atthe Community level, their eminent importance has been underlined, notably by the affirmation from allMember States which vowed to expressly respect them.59. The commitment to the African Charter on Human and Peoples' Rights is derived from its ratification byeach of the ECOWAS Member States, of two fundamental Instruments, which are: the ECOWAS RevisedTreaty and the Protocol relating to Democracy and Good Governance (Art. 1 h).60. As to the commitment to the Universal Declaration of Human and Peoples' Rights its pre-eminent placein human rights law, as recognised by the ECOWAS Community is as shown by its mention in thepreamble of the aforementioned Protocol.61. The rights recognised and affirmed by these Instruments constitute international obligations, forMember States, within the scope of general international law and Community law By affirming theircommitment expressly to these International Instruments relating to Human Rights, the Community and itscomponent Units (State Parties) have surely in mind, the core element of the United Nations' System whichis enshrined in the Universal Declaration of Human Rights and the International Covenant on Civil andPolitical Rights, as well as the core element of the African system as the expression values of authenticcivilisation, which they are ready to uphold.62. Consequently, while examining the extension of its jurisdiction over cases of human rights violationwithin the Community landscape, the Court takes into consideration, not only the African Charter on Humanand Peoples' Rights, but also, the United Nations' basic Instruments, namely the Universal Declaration ofHuman Rights and the International Covenant on Civil and Political Rights. These United NationsInstruments were, at least, accepted by Côte d'Ivoire, which ratified or signed them.
Universal Declaration of Human Rights (UDHR)
International Covenant on Civil and Political Rights ICCPR
International Covenant on Economic, Social and Cultural Rights ICESCR
African Charter on Human and Peoples' Rights (Banjul Charter)
ECW/CCJ/APP/08/08 - SERAP v. Nigeria & Universal Basic Education Commission
International Covenant on Economic, Social and Cultural Rights ICESCR
Article 5 1. Nothing in the present Covenant may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights or freedoms recognized herein, or at their limitation to a greater extent than is provided for in the present Covenant. 2. No restriction upon or derogation from any of the fundamental human rights recognized or existing in any country in virtue of law, conventions, regulations or custom shall be admitted on the pretext that the present Covenant does not recognize such rights or that it recognizes them to a lesser extent.
International Covenant on Economic, Social and Cultural Rights ICESCR
African Charter on Human and Peoples' Rights (Banjul Charter)
International Covenant on Economic, Social and Cultural Rights ICESCR
International Covenant on Civil and Political Rights ICCPR
ECW/CCJ/JUD/07/10 Registered Trustees of the Socio-Economic and Accountability Project (SERAP) v Nigeria & anor
ECOWAS Court Rules of Procedure
Article 321. The original of every pleading must be signed by the party's agent or lawyer. The original, accompanied by all annexes referred to therein, shall be lodged together with five copies for the Court and a copy for every other party to the proceedings. The party lodging them in accordance with Article 11 of the Protocol shall certify copies. 2. Institutions shall in addition produce, within time limits laid down by the Court, translations of all pleadings into the other languages provided for by Article 25(1) of these Rules. 3. All pleadings shall bear a date. In the reckoning of time limits for taking steps in proceedings, only the date of lodgment at the Registry shall be taken into account. 4. To every pleading there shall be annexed a file containing the documents relied on in support of it, together with a schedule listing them. 5. Where in view of the length of a document only extracts from it are annexed to the pleading, the whole document or a full copy of it shall be lodged at the Registry. 6. Without prejudice to the provisions of paragraphs 1 to 5, the date on which a copy of the signed original of a pleading, including the schedule of documents referred to in paragraph 4, is received at the Registry by telefax or other technical means of communication available to the Court shall be deemed to be the date of lodgment for the purposes of compliance with the time- limits for taking steps in proceedings, provided that the signed original of the pleading, accompanied by the annexes and copies referred to in the second subparagraph of paragraph 1 above, is lodged at the Registry no later than ten days thereafter.
ECOWAS Court Rules of Procedure
4. To every pleading there shall be annexed a file containing the documents relied on in support of it, together with a schedule listing them.
ECOWAS Court Rules of Procedure
5. Where in view of the length of a document only extracts from it are annexed to the pleading, the whole document or a full copy of it shall be lodged at the Registry.
ECOWAS Court Rules of Procedure
6. Without prejudice to the provisions of paragraphs 1 to 5, the date on which a copy of the signed original of a pleading, including the schedule of documents referred to in paragraph 4, is received at the Registry by telefax or other technical means of communication available to the Court shall be deemed to be the date of lodgment for the purposes of compliance with the time- limits for taking steps in proceedings, provided that the signed original of the pleading, accompanied by the annexes and copies referred to in the second subparagraph of paragraph 1 above, is lodged at the Registry no later than ten days thereafter.
ECOWAS Court Rules of Procedure
1. The original of every pleading must be signed by the party's agent or lawyer. The original, accompanied by all annexes referred to therein, shall be lodged together with five copies for the Court and a copy for every other party to the proceedings. The party lodging them in accordance with Article 11 of the Protocol shall certify copies.
ECOWAS Court Rules of Procedure
Article 321. The original of every pleading must be signed by the party's agent or lawyer. The original, accompanied by all annexes referred to therein, shall be lodged together with five copies for the Court and a copy for every other party to the proceedings. The party lodging them in accordance with Article 11 of the Protocol shall certify copies. 2. Institutions shall in addition produce, within time limits laid down by the Court, translations of all pleadings into the other languages provided for by Article 25(1) of these Rules. 3. All pleadings shall bear a date. In the reckoning of time limits for taking steps in proceedings, only the date of lodgment at the Registry shall be taken into account. 4. To every pleading there shall be annexed a file containing the documents relied on in support of it, together with a schedule listing them. 5. Where in view of the length of a document only extracts from it are annexed to the pleading, the whole document or a full copy of it shall be lodged at the Registry. 6. Without prejudice to the provisions of paragraphs 1 to 5, the date on which a copy of the signed original of a pleading, including the schedule of documents referred to in paragraph 4, is received at the Registry by telefax or other technical means of communication available to the Court shall be deemed to be the date of lodgment for the purposes of compliance with the time- limits for taking steps in proceedings, provided that the signed original of the pleading, accompanied by the annexes and copies referred to in the second subparagraph of paragraph 1 above, is lodged at the Registry no later than ten days thereafter
ECOWAS Court Rules of Procedure
5. Where in view of the length of a document only extracts from it are annexed to the pleading, the whole document or a full copy of it shall be lodged at the Registry.
ECOWAS Court Rules of Procedure
6. Without prejudice to the provisions of paragraphs 1 to 5, the date on which a copy of the signed original of a pleading, including the schedule of documents referred to in paragraph 4, is received at the Registry by telefax or other technical means of communication available to the Court shall be deemed to be the date of lodgment for the purposes of compliance with the time- limits for taking steps in proceedings, provided that the signed original of the pleading, accompanied by the annexes and copies referred to in the second subparagraph of paragraph 1 above, is lodged at the Registry no later than ten days thereafter.
ECOWAS Court Rules of Procedure
4. To every pleading there shall be annexed a file containing the documents relied on in support of it, together with a schedule listing them.
ECOWAS Court Rules of Procedure
1. The original of every pleading must be signed by the party's agent or lawyer. The original, accompanied by all annexes referred to therein, shall be lodged together with five copies for the Court and a copy for every other party to the proceedings. The party lodging them in accordance with Article 11 of the Protocol shall certify copies.
Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)
Article 11:Entry into force 1.This supplementary Protocol shall enter into force provisionally upon signature by the Heads of State and Government. Accordingly, signatory Member States and ECOWAS hereby undertake to undertake to start implementing all provisions of this Supplementary Protocol. 2.This Supplementary Protocol shall definitively enter into force upon the ratification by at least nine (9) signatory States, in accordance with the constitutional procedure of each Member State.
ECOWAS Court Rules of Procedure
Article 321. The original of every pleading must be signed by the party's agent or lawyer. The original, accompanied by all annexes referred to therein, shall be lodged together with five copies for the Court and a copy for every other party to the proceedings. The party lodging them in accordance with Article 11 of the Protocol shall certify copies. 2. Institutions shall in addition produce, within time limits laid down by the Court, translations of all pleadings into the other languages provided for by Article 25(1) of these Rules. 3. All pleadings shall bear a date. In the reckoning of time limits for taking steps in proceedings, only the date of lodgment at the Registry shall be taken into account. 4. To every pleading there shall be annexed a file containing the documents relied on in support of it, together with a schedule listing them. 5. Where in view of the length of a document only extracts from it are annexed to the pleading, the whole document or a full copy of it shall be lodged at the Registry.
ECOWAS Court Rules of Procedure
4. To every pleading there shall be annexed a file containing the documents relied on in support of it, together with a schedule listing them.
ECOWAS Court Rules of Procedure
1. The original of every pleading must be signed by the party's agent or lawyer. The original, accompanied by all annexes referred to therein, shall be lodged together with five copies for the Court and a copy for every other party to the proceedings. The party lodging them in accordance with Article 11 of the Protocol shall certify copies.
ECOWAS Court Rules of Procedure
Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)
ECOWAS Court Rules of Procedure
6. If the application does not comply with the requirements set out in paragraphs 1 to 4 of this Article, the Chief Registrar shall prescribe a period not more than thirty days within which the applicant is to comply with them whether by putting the application itself in order or by producing any of the above-mentioned documents.
ECOWAS Court Rules of Procedure
1. An application of the kind referred to in Article 11 of the Protocol shall state: (a) the name and address of the applicant; (b) the designation of the party against whom the application is made; (c) the subject- matter of the proceedings and a summary of the pleas in law on which the application is based; (d) the form of order sought by the applicant; (e) where appropriate, the nature of any evidence offered in support. 2. For the purpose of the proceedings, the application shall state an address for service in the place where the Court has its seat and the name of the person who is authorized and has expressed willingness to accept service. 3. In addition to, or instead of, specifying an address for service as referred to in the first subparagraph; the application may state that the lawyer or agent agrees that service is to be effected on him by telefax or other technical means of communication. 4. If the application does not comply with the requirements referred to in the first and second subparagraphs, all service on the party concerned for the purpose of the proceedings shall be effected, for so long as the defect has not been cured, by registered letter addressed to the agent or lawyer of that party. By way of derogation from Article 77(1), service shall then be deemed to be duly effected by the lodging of the registered letter at the post office of the place where the Court has its seat.
ECOWAS Court Rules of Procedure
Article 321. The original of every pleading must be signed by the party's agent or lawyer. The original, accompanied by all annexes referred to therein, shall be lodged together with five copies for the Court and a copy for every other party to the proceedings. The party lodging them in accordance with Article 11 of the Protocol shall certify copies. 2. Institutions shall in addition produce, within time limits laid down by the Court, translations of all pleadings into the other languages provided for by Article 25(1) of these Rules. 3. All pleadings shall bear a date. In the reckoning of time limits for taking steps in proceedings, only the date of lodgment at the Registry shall be taken into account. 4. To every pleading there shall be annexed a file containing the documents relied on in support of it, together with a schedule listing them. 5. Where in view of the length of a document only extracts from it are annexed to the pleading, the whole document or a full copy of it shall be lodged at the Registry. 6. Without prejudice to the provisions of paragraphs 1 to 5, the date on which a copy of the signed original of a pleading, including the schedule of documents referred to in paragraph 4, is received at the Registry by telefax or other technical means of communication available to the Court shall be deemed to be the date of lodgment for the purposes of compliance with the time- limits for taking steps in proceedings, provided that the signed original of the pleading, accompanied by the annexes and copies referred to in the second subparagraph of paragraph 1 above, is lodged at the Registry no later than ten days thereafter.
Protocol A/P.I/7/91 on the Community Court of Justice
1. At any time, the Court may request the parties to produce any documents and provide any information or explanation which it may deem useful. Formal note shall be taken of any refusal.
Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)
ECOWAS Court Rules of Procedure
rticle 571. The Court may at any time, in accordance with these rules, after hearing the parties, order any measure of inquiry to be taken or that a previous inquiry be repeated or expanded.
ECOWAS Court Rules of Procedure
Article 51The Court may request the parties to submit within a specified period all such information relating to the facts, and all such documents or other Particulars, as they may consider relevant. The information and/or documents provided shall be communicated to the other parties.
ECOWAS Court Rules of Procedure
Article 58The Court may order the reopening of the oral procedure.
Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)
3. Any action by or against a Community Institution or any Member of the Community shall be statute barred after three (3) years from the date when the right of action arose.
Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)
3. Any action by or against a Community Institution or any Member of the Community shall be statute barred after three (3) years from the date when the right of action arose.
Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)
Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)
Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)
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.
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.
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.
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
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.
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.
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.
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.
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.
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
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.
African Charter on Human and Peoples' Rights
Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law
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.
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
African Charter on Human and Peoples' Rights
Article 15Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work.
International Covenant on Economic, Social and Cultural Rights ICESCR
Article 6 1. The States Parties to the present Covenant recognize the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right. 2. The steps to be taken by a State Party to the present Covenant to achieve the full realization of this right shall include technical and vocational guidance and training programmes, policies and techniques to achieve steady economic, social and cultural development and full and productive employment under conditions safeguarding fundamental political and economic freedoms to the individual.
International Covenant on Economic, Social and Cultural Rights ICESCR
Article 9 The States Parties to the present Covenant recognize the right of everyone to social security, including social insurance.
International Covenant on Economic, Social and Cultural Rights ICESCR
Article 1 1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. 2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence. 3. The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.
International Covenant on Economic, Social and Cultural Rights ICESCR
Article 12 1. The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health. 2. The steps to be taken by the States Parties to the present Covenant to achieve the full realization of this right shall include those necessary for: (a) The provision for the reduction of the stillbirth-rate and of infant mortality and for the healthy development of the child; (b) The improvement of all aspects of environmental and industrial hygiene; (c) The prevention, treatment and control of epidemic, endemic, occupational and other diseases; (d) The creation of conditions which would assure to all medical service and medical attention in the event of sickness.
International Covenant on Economic, Social and Cultural Rights ICESCR
Article 10 The States Parties to the present Covenant recognize that: 1. The widest possible protection and assistance should be accorded to the family, which is the natural and fundamental group unit of society, particularly for its establishment and while it is responsible for the care and education of dependent children. Marriage must be entered into with the free consent of the intending spouses. 2. Special protection should be accorded to mothers during a reasonable period before and after childbirth. During such period working mothers should be accorded paid leave or leave with adequate social security benefits. 43. Special measures of protection and assistance should be taken on behalf of all children and young persons without any discrimination for reasons of parentage or other conditions. Children and young persons should be protected from economic and social exploitation. Their employment in work harmful to their morals or health or dangerous to life or likely to hamper their normal development should be punishable by law. States should also set age limits below which the paid employment of child labour should be prohibited and punishable by law.
African Charter on Human and Peoples' Rights
Article 24All peoples shall have the right to a general satisfactory environment favorable to their development.
International Covenant on Economic, Social and Cultural Rights ICESCR
rticle 11 1. The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent. 2. The States Parties to the present Covenant, recognizing the fundamental right of everyone to be free from hunger, shall take, individually and through international co-operation, the measures, including specific programmes, which are needed: (a) To improve methods of production, conservation and distribution of food by making full use of technical and scientific knowledge, by disseminating knowledge of the principles of nutrition and by developing or reforming agrarian systems in such a way as to achieve the most efficient development and utilization of natural resources; (b) Taking into account the problems of both food-importing and food-exporting countries, to ensure an equitable distribution of world food supplies in relation to need.
International Covenant on Economic, Social and Cultural Rights ICESCR
Article 2 21. Each State Party to the present Covenant undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures. 2. The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. 3. Developing countries, with due regard to human rights and their national economy, may determine to what extent they would guarantee the economic rights recognized in the present Covenant to non-nationals.
International Covenant on Civil and Political Rights ICCPR
Article 11. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. 2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence. 3. The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.
International Covenant on Civil and Political Rights ICCPR
Article 21. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, suchas race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. 2. Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant. 3. Each State Party to the present Covenant undertakes: (a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in anofficial capacity; (b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of theState, and to develop the possibilities of judicial remedy; (c) To ensure that the competent authorities shall enforce such remedies when granted.
International Covenant on Civil and Political Rights ICCPR
Article 61. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life. 2. In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgement rendered by a competent court. 3. When deprivation of life constitutes the crime of genocide, it is understood that nothing in this article shall authorize any State Party to the present Covenant to derogate in any way from any obligation assumed under the provisions of the Convention on the Prevention and Punishment of the Crime of Genocide. 4. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases. 5. Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women. 6. Nothing in this article shall be invoked to delay or to prevent the abolition of capital punishment by any State Party to the present Covenant.
International Covenant on Civil and Political Rights ICCPR
Article 21. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, suchas race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. 2. Where not already provided for by existing legislative or other measures, each State Party to the present Covenant undertakes to take the necessary steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such laws or other measures as may be necessary to give effect to the rights recognized in the present Covenant. 3. Each State Party to the present Covenant undertakes: (a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in anofficial capacity; (b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of theState, and to develop the possibilities of judicial remedy; (c) To ensure that the competent authorities shall enforce such remedies when granted.
International Covenant on Civil and Political Rights ICCPR
Article 7 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation.
Universal Declaration of Human Rights (UDHR)
Article 15 1. Everyone has the right to a nationality. 2. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
International Covenant on Civil and Political Rights ICCPR
Article 26 All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
International Covenant on Economic, Social and Cultural Rights ICESCR
Article 11 1. The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent. 2. The States Parties to the present Covenant, recognizing the fundamental right of everyone to be free from hunger, shall take, individually and through international co-operation, the measures, including specific programmes, which are needed: (a) To improve methods of production, conservation and distribution of food by making full use of technical and scientific knowledge, by disseminating knowledge of the principles of nutrition and by developing or reforming agrarian systems in such a way as to achieve the most efficient development and utilization of natural resources; (b) Taking into account the problems of both food-importing and food-exporting countries, to ensure an equitable distribution of world food supplies in relation to need
International Covenant on Economic, Social and Cultural Rights ICESCR
Article 11 1. The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent. 2. The States Parties to the present Covenant, recognizing the fundamental right of everyone to be free from hunger, shall take, individually and through international co-operation, the measures, including specific programmes, which are needed: (a) To improve methods of production, conservation and distribution of food by making full use of technical and scientific knowledge, by disseminating knowledge of the principles of nutrition and by developing or reforming agrarian systems in such a way as to achieve the most efficient development and utilization of natural resources; (b) Taking into account the problems of both food-importing and food-exporting countries, to ensure an equitable distribution of world food supplies in relation to need
African Charter on Human and Peoples' Rights (Banjul Charter)
International Covenant on Economic, Social and Cultural Rights ICESCR
International Covenant on Economic, Social and Cultural Rights ICESCR
rticle 6 1. The States Parties to the present Covenant recognize the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right. 2. The steps to be taken by a State Party to the present Covenant to achieve the full realization of this right shall include technical and vocational guidance and training programmes, policies and techniques to achieve steady economic, social and cultural development and full and productive employment under conditions safeguarding fundamental political and economic freedoms to the individual.
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
African Charter on Human and Peoples' Rights
rticle 24All peoples shall have the right to a general satisfactory environment favorable to their development.
International Covenant on Economic, Social and Cultural Rights ICESCR
Article 12 1. The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.
International Covenant on Economic, Social and Cultural Rights ICESCR
Article 2 21. Each State Party to the present Covenant undertakes to take steps, individually and through international assistance and co-operation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures. 2. The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. 3. Developing countries, with due regard to human rights and their national economy, may determine to what extent they would guarantee the economic rights recognized in the present Covenant to non-nationals.
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.
International Covenant on Civil and Political Rights ICCPR
121. Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence.
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.
African Charter on Human and Peoples' Rights (Banjul Charter)
International Covenant on Economic, Social and Cultural Rights ICESCR
International Covenant on Economic, Social and Cultural Rights ICESCR
Universal Declaration of Human Rights (UDHR)
African Charter on Human and Peoples' Rights (Banjul Charter)
African Charter on Human and Peoples' Rights (Banjul Charter)
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 24All peoples shall have the right to a general satisfactory environment favorable to their development.
African Charter on Human and Peoples' Rights (Banjul Charter)
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.
African Charter on Human and Peoples' Rights (Banjul Charter)
African Charter on Human and Peoples' Rights (Banjul Charter)
African Charter on Human and Peoples' Rights
Article 24All peoples shall have the right to a general satisfactory environment favorable to their development.
African Charter on Human and Peoples' Rights (Banjul Charter)
African Charter on Human and Peoples' Rights (Banjul Charter)
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.
African Charter on Human and Peoples' Rights
Article 24All peoples shall have the right to a general satisfactory environment favorable to their development.
African Charter on Human and Peoples' Rights (Banjul Charter)
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
African Charter on Human and Peoples' Rights
Article 24All peoples shall have the right to a general satisfactory environment favorable to their development.
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
African Charter on Human and Peoples' Rights
Article 24All peoples shall have the right to a general satisfactory environment favorable to their development.
African Charter on Human and Peoples' Rights (Banjul Charter)
African Charter on Human and Peoples' Rights (Banjul Charter)
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.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 24All peoples shall have the right to a general satisfactory environment favorable to their development.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 24All peoples shall have the right to a general satisfactory environment favorable to their development.
International Covenant on Civil and Political Rights ICCPR
International Covenant on Economic, Social and Cultural Rights ICESCR
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.
African Charter on Human and Peoples' Rights
Article 24All peoples shall have the right to a general satisfactory environment favorable to their development.
Supplementary Protocol A/SP.1/01/05 Amending the Preamble and Articles 1, 2, 9 and 30 of Protocol A/P.1/7/91 Relating to the Community Court of Justice and Article 4 Paragraph 1 of the English Version of the Said Protocol (ECOWAS Court Supplementary Protocol 2005)
“Article 24: Method of implementation of Judgments of the Court: 1. Judgments of the Court that have financial implications for nationals of Member States or Member States are binding. 2. Execution of any decision of the Court shall be in form of a writ of execution, which shall be submitted by the Registrar of the Court to the relevant Member State for execution according to the rules of civil procedure of that Member State. 3. Upon the verification by the appointed authority of the recipient Member State that the writ is from the Court, the writ shall be enforced. 4. All Member States shall determine the competent national authority for the purpose of recipient and processing of execution and notify the Court accordingly. 5. The writ of execution issued by the Community Court may be suspended only by a decision of the Community Court of Justice.”
Revised Treaty of Economic Community of West African States (1993)
Article 15 The Court of Justice Establishment and Functions There is hereby established a Court of Justice of the Community. The status, composition, powers, procedure and other issues concerning the Court of Justice shall be as set out in a Protocol relating thereto. The Court of Justice shall carry out the functions assigned to it independently of the Member States and the institutions of the Community. Judgements of the Court of Justice shall be binding on the Member States, the Institutions of the Community and on individuals and corporate bodies.