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Communicaation 247/02 - IHRDA (on behalf of Jean Simbarkiye) v. DRC

ACHPR Decision

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Summary of Facts1
Complaint1
Procedure1
Law2
Admissibility2
Holding3

Communicaation 247/02 - IHRDA (on behalf of Jean Simbarkiye) v. DRC

ACHPR Decision

Preview

Type of Document

Decision

Keywords

Damages and Compensation
Equality
Equality Before the Law
Expulsion from a State
Freedom from Discrimination
IHRDA
Protection of Family and Vulnerable Groups
Refugees / Asylum Seekers
Regional Human Rights Laws
Right to Fair Trial
Right to Property
Right to Work
Workers' Rights

Country

Democratic Republic of Congo

Outcome: Ruled Inadmissible

Year Decided: May 29, 2003

Rights Alleged to be Violated (ACHPR Provisions)

ACHPR 7: Right to Fair Trial
ACHPR 1: General Obligations
ACHPR 14: Right to Property
ACHPR 15: Right to Work
ACHPR 18: Protection of the Family and Vulnerable Groups
ACHPR 2: Freedom from Discrimination
ACHPR 3:2: Every individual shall be entitled to equal protection of the law.

Rights Violated (ACHPR Provisions)

None Indicated

Rights Not Violated (ACHPR Provisions)

None Indicated

Duration of Procedure

Apr 3, 2002 ~ May 29, 2003

Country Geolocation

Latitude: -4.038333

Longitude: 21.758664

Country Geolocation (linked ACHPR Decision): Democratic Republic of the Congo

Primary Documents

achpr33_247_02_eng.pdf
English
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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. Article 15Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work

Treaty

African Charter on Human and Peoples' Rights

Article 181. The family shall be the natural unit and basis of society. It shall be protected by the State which shall take care of its physical health and moral. 2. The State shall have the duty to assist the family which is the custodian or morals and traditional values recognized by the community. 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. 4. The aged and the disabled shall also have the right to special measures of protection in keeping with their physical or moral needs.

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

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. 3Article 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 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.

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147/95_149/96 Sir Dawda K. Jawara v Gambia (The)

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47/90 Lawyers Committee for Human Rights v Zaire

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25/89-47/90-56/91-100/93 : Free Legal Assistance Group, Lawyers' Committee for Human Rights, Union Interafricaine des Droits de l'Homme, Les Témoins de Jehovah v DRC

ACHPR Decision

71/92 : Rencontre Africaine pour la Défence des Droits de l'Homme (RADDHO) v Zambia

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

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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- ACHPR Decision1
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- ACHPR Decision6
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