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Communication 211/98 - Legal Resources Foundation v. Zambia

ACHPR Decision

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SUMMARY OF FACTS2
COMPLAINT2
PROCEDURE3
STATE PARTY'S RESPONSE4
ADDITIONAL ARGUMENTS FROM THE RESPONDENT STATE TO ITS INITIAL RESPONSE5
THE LAW6
ADMISSIBILITY6
MERITS6
FOR THE ABOVE REASONS, THE COMMISSION12

Communication 211/98 - Legal Resources Foundation v. Zambia

ACHPR Decision

Preview

Type of Document

Decision

Keywords

Equality
Equality Before the Law
Freedom from Discrimination
Participation in Government

Case Head Notes: The Respondent State is alleged to have violated Articles 2, 3, 13 and 19 of the African Charter on Human and Peoples' Rights in that the Constitution of Zambia Amendment Act of 1996 is discriminatory. The Commission decided on the merits that the Respondent State violated Articles 2, 3 (1) and 13 of the African Charter.

Country

Zambia

Outcome: Decided on Merits

Year Decided: May 7, 2001

Rights Alleged to be Violated (ACHPR Provisions)

ACHPR 13: Right to Participate in Government
ACHPR 19: Right of All Peoples to Equality and Rights
ACHPR 2: Freedom from Discrimination
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law

Rights Violated (ACHPR Provisions)

ACHPR 13: Right to Participate in Government
ACHPR 2: Freedom from Discrimination
ACHPR 3.1: Equality before the law

Rights Not Violated (ACHPR Provisions)

ACHPR 19: Right of All Peoples to Equality and Rights
ACHPR 3.2: Equal protection of the law

Duration of Procedure

Feb 12, 1998 ~ May 7, 2001

Country Geolocation

Latitude: -13.133897

Longitude: 27.849332

Country Geolocation (linked ACHPR Decision): Zambia

Primary Documents

Legal Resources Foundation v. Zambia, Decision, 211 of 98 (ACmHPR, May. 07, 2001).pdf
English
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African Charter on Human and Peoples' Rights (Banjul Charter)

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 (Banjul Charter)

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 (Banjul Charter)

Article 131.Every citizen shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives in accordance with the provisions of the law. 2.Every citizen shall have the right of equal access to the public service of his country. 3. Every individual shall have the right of access to public property and services in strict equality of all persons before the law.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 19 All peoples shall be equal; they shall enjoy the same respect and shall have the same rights. Nothing shall justify the domination of a people by another.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 59 1. All measures taken within the provisions of the present Charter shall remain confidential until such a time as the Assembly of Heads of State and Government shall otherwise decide. 2. However, the report shall be published by the Chairman of the Commission upon the decision of the Assembly of Heads of State and Government. 3. The report on the activities of the Commission shall be published by its Chairman after it has been considered by the Assembly of Heads of State and Government

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 2 Every 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 (Banjul Charter)

Article 2 Every 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 (Banjul Charter)

Article 13 1. Every citizen shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives in accordance with the provisions of the law. 2. Every citizen shall have the right of equal access to the public service of his country. 3. Every individual shall have the right of access to public property and services in strict equality of all persons before the law

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 19 All peoples shall be equal; they shall enjoy the same respect and shall have the same rights. Nothing shall justify the domination of a people by another

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 19 All peoples shall be equal; they shall enjoy the same respect and shall have the same rights. Nothing shall justify the domination of a people by another

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 56 Communications 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 (Banjul Charter)

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 (Banjul Charter)

Article 19 All peoples shall be equal; they shall enjoy the same respect and shall have the same rights. Nothing shall justify the domination of a people by another

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 2 Every 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 (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.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 2 Every 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 (Banjul Charter)

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 (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 30 An African Commission on Human and Peoples' Rights, hereinafter called "the Commission", shall be established within the Organization of African Unity to promote human and peoples' rights and ensure their protection in Africa

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 45 The functions of the Commission shall be: 1. To promote Human and Peoples' Rights and in particular: (a) To collect documents, undertake studies and researches on African problems in the field of human and peoples' rights, organize seminars, symposia and conferences, disseminate information, encourage national and local institutions concerned with human and peoples' rights, and should the case arise, give its views or make recommendations to Governments. (b) To formulate and lay down, principles and rules aimed at solving legal problems relating to human and peoples' rights and fundamental freedoms upon which African Governments may base their legislations. (c) Co-operate with other African and international institutions concerned with the promotion and protection of human and peoples' rights. 2. Ensure the protection of human and peoples' rights under conditions laid down by the present Charter. 3. Interpret all the provisions of the present Charter at the request of a State party, an institution of the OAU or an African Organization recognized by the OAU. 4. Perform any other tasks which may be entrusted to it by the Assembly of Heads of State and Government

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 60 The 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 (Banjul Charter)

Article 61 The 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 (Banjul Charter)

Treaty

1969 Vienna Convention on the Law of Treaties

rticle 27. INTERNAL LAW AND OBSERVANCE OF TREATIES A party may not invoke the provisions of its internal law as justification for its failure to perform a treaty. This rule is without prejudice to article 4

UN Document

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 2 Every 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 (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 1 The 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

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 13 1. Every citizen shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives in accordance with the provisions of the law. 2. Every citizen shall have the right of equal access to the public service of his country. 3. Every individual shall have the right of access to public property and services in strict equality of all persons before the law.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 2 Every 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 (Banjul Charter)

Article 19 All peoples shall be equal; they shall enjoy the same respect and shall have the same rights. Nothing shall justify the domination of a people by another.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 2 Every 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 (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 3 1. Every individual shall be equal before the law

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 62 Each state party shall undertake to submit every two years, from the date the present Charter comes into force, a report on the legislative or other measures taken with a view to giving effect to the rights and freedoms recognized and guaranteed by the present Charter

Treaty

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- UN Document1

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