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AND THE FOLLOWING HEREBY APPEND THEIR SIGNATURES; 1. Hon. Justice Friday Chijioke Nwoke -------------------------------- Presiding 2. Hon. Justice Yaya Boiro -------------------------------- Member 3. Hon Justice Alioune Sall --------------------------------- Member Assisted by: Mr. Tony Anene Maidoh ------------------------------- Chief Registrar 31

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Table des matières

Facts as Presented by the Plaintiffs3
Analysis of the Court11
Preliminary Objection12
Substantive Application12
On Whether the Application as Conceived and Constituted can be Entertained by This Court12
On Res Judicata20
On Pendency of Suit Before a Domestic Court21
On Whether the Plaintiffs Have Disclosed a Reasonable Cause of Action22
Substantive Issues23
Decision30
As to Admissiblity30
Declares30
As to the Merits30
As to Costs30

ECW/CCJ/JUD/03/17 Nosa Ehanire Osaghae & 3 Others (on behalf of Niger Delta people) v Nigeria

Cour de justice de la CEDEAO

Aperçu

ECCJ App no.: ECW/CCJ/APP/20/15

ECCJ Jud No.: ECW/CCJ/JUD/03/17

Type de document

Jugement

Mots clés

Actio popularis
Corruption
Développement économique, social et culturel
Droit à l'information
Droit à la dignité
Droit à la santé
Droit à la vie
Droit à un environnement satisfaisant
Égalité
Fraude
Libre disposition des richesses et des ressources naturelles
Lutte contre la discrimination
Paix et sécurité
Sécurité intérieure de l'État

État

Nigeria

Conclusion: Décidé sur le fond

Année de la décision: 10 oct. 2017

Droits de la Charte africaine allégués

CADHP 1: Obligations générales
CADHP 16: Droit à la santé
CADHP 2 : Liberté de ne pas subir de discrimination
CADHP 21: Droit à la libre disposition des richesses et des ressources naturelles
CADHP 22 : Droit des peuples au développement économique, social et culturel
CADHP 23 : Droit à la sécurité et à la paix nationale et internationale
CADHP 24 : Droit à un environnement général satisfaisant
CADHP 4 : Droit à la vie et à l'intégrité
CADHP 9 : Droit à l'information et à la liberté d'expression

Durée de la procédure: ~ 10 oct. 2017

Géolocalisation du pays

Latitude: 9.081999

Longitude: 8.675277

Géolocalisation du pays (Lié Cour de justice de la CEDEAO): Nigeria

Documents principaux

ECW_CCJ_JUD_03_17.pdf
English
Télécharger Vue

Rules of the Court of Justice of the Economic Community of West African States

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. 5. The application shall be accompanied, where appropriate, by the documents Specified in the first paragraph of Article 15 of the protocol. 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. 7. If the applicant fails to put the application in order or to produce the required documents within the time prescribed, the Court shall, after hearing the party, decide whether the non-compliance with these conditions renders the application formally inadmissible.

Treaty

Rules of the Court of Justice of the Economic Community of West African States

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.

Treaty

Règlement Intérieur de la Cour de Justice de la CEDEAO

Règlement intérieur

Règlement Intérieur de la Cour de Justice de la CEDEAO

Article 331. 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. 5. The application shall be accompanied, where appropriate, by the documents Specified in the first paragraph of Article 15 of the protocol. 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. 7. If the applicant fails to put the application in order or to produce the required documents within the time prescribed, the Court shall, after hearing the party, decide whether the non-compliance with these conditions renders the application formally inadmissible.

Règlement intérieur

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

Document de l'ONU

Protocol A/P.I/7/91 on the Community Court of Justice

Article 11: Application to the Tribunal1. Cases may be brought before the Court by an application addressed to the Court Registry. This application shall set out the subject matter of the dispute and the parties involved and shall contain a summary of the argument put forward as well as the plea of the plaintiff.2. The Chief Registrar of the Court shall immediately serve notice of the application and of all documents relating to the subject matter of the dispute to the other party, who shall make known his grounds for defence, within the time limit stipulated by the rules of procedure of the Court. Each party to a dispute shall be represented before the Court by one or more agents nominated by the party concerned for this purpose. The agents may, where necessary, request the assistance of one or more Advocates or Counsels who are recognised by the laws and regulations of the Member States as being empowered to appear in Court in their area of jurisdiction.

Treaty

Protocol A/P.I/7/91 on the Community Court of Justice

1. Cases may be brought before the Court by an application addressed to the Court Registry. This application shall set out the subject matter of the dispute and the parties involved and shall contain a summary of the argument put forward as well as the plea of the plaintiff.2. The Chief Registrar of the Court shall immediately serve notice of the application and of all documents relating to the subject matter of the dispute to the other party, who shall make known his grounds for defence, within the time limit stipulated by the rules of procedure of the Court. Each party to a dispute shall be represented before the Court by one or more agents nominated by the party concerned for this purpose. The agents may, where necessary, request the assistance of one or more Advocates or Counsels who are recognised by the laws and regulations of the Member States as being empowered to appear in Court in their area of jurisdiction.

Treaty

Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)

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

PROTOCOLE ADDITIONNEL (A/SP.1/01/05) PORTANT AMENDEMENT DU PRÉAMBULE, DES ARTICLES 1ER, 2, 9, 22 ET 30 DU PROTOCOLE A/P1/7/91 RELATIF À LA COUR DE JUSTICE DE LA COMMUNAUTÉ, AINSI QUE DE L’ARTICLE 4 PARAGRAPHE 1 DE LA VERSION ANGLAISE DUDIT PROTOCOLE

“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.”

Treaty

PROTOCOLE ADDITIONNEL (A/SP.1/01/05) PORTANT AMENDEMENT DU PRÉAMBULE, DES ARTICLES 1ER, 2, 9, 22 ET 30 DU PROTOCOLE A/P1/7/91 RELATIF À LA COUR DE JUSTICE DE LA COMMUNAUTÉ, AINSI QUE DE L’ARTICLE 4 PARAGRAPHE 1 DE LA VERSION ANGLAISE DUDIT PROTOCOLE

Article 10:The provisions of any other prior Protocol that is inconsistent with the provisions of this Protocol shall to the extent of the inconsistency be null and void.

Treaty

African Charter on Human and Peoples' Rights

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

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.

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.

Treaty

Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)

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

Treaty

Pacte International relatif aux Droits Civils et Politiques

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.

Document de l'ONU

Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)

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.

Treaty

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.

Treaty

Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)

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

Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)

Article 11Every individual shall have the right to assemble freely with others. The exercise of this right shall be subject only to necessary restrictions provided for by law in particular thoseenacted in the interest of national security, the safety, health, ethics and rights and freedoms of others.

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

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 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

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

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

Pacte International relatif aux Droits Civils et Politiques

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.

Document de l'ONU

Pacte International relatif aux Droits Civils et Politiques

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.

Document de l'ONU

Pacte International relatif aux Droits Civils et Politiques

Article 3The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant.

Document de l'ONU

Pacte International relatif aux Droits Civils et Politiques

Article 8 1. No one shall be held in slavery; slavery and the slave-trade in all their forms shall be prohibited. 2. No one shall be held in servitude. 3.(a) No one shall be required to perform forced or compulsory labour; (b) Paragraph 3 (a) shall not be held to preclude, in countries where imprisonment with hard labour may be imposed as a punishment for a crime, the performance of hard labour in pursuance of a sentence to such punishment by a competent court; (c) For the purpose of this paragraph the term "forced or compulsory labour" shall not include: (i) Any work or service, not referred to in subparagraph (b), normally required of a person who is under detention in consequence of a lawful order of a court, or of a person during conditional release from such detention; (ii) Any service of a military character and, in countries where conscientious objection is recognized, any national service required by law of conscientious objectors; (iii) Any service exacted in cases of emergency or calamity threatening the life or well-being of the community; (iv) Any work or service which forms part of normal civil obligations.

Document de l'ONU

International Covenant on Economic, Social and Cultural Rights ICESCR

Article 3 The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all economic, social and cultural rights set forth in the present Covenant.

Document de l'ONU

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.

Document de l'ONU

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

Document de l'ONU

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.

Document de l'ONU

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.

Document de l'ONU

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.

Document de l'ONU

International Covenant on Economic, Social and Cultural Rights ICESCR

Article 13 1. The States Parties to the present Covenant recognize the right of everyone to education. They agree that education shall be directed to the full development of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms. They further agree that education shall enable all persons to participate effectively in a free society, promote understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups, and further the activities of the United Nations for the maintenance of peace. 2. The States Parties to the present Covenant recognize that, with a view to achieving the full realization of this right: (a) Primary education shall be compulsory and available free to all; 5(b) Secondary education in its different forms, including technical and vocational secondary education, shall be made generally available and accessible to all by every appropriate means, and in particular by the progressive introduction of free education; (c) Higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the progressive introduction of free education; (d) Fundamental education shall be encouraged or intensified as far as possible for those persons who have not received or completed the whole period of their primary education; (e) The development of a system of schools at all levels shall be actively pursued, an adequate fellowship system shall be established, and the material conditions of teaching staff shall be continuously improved. 3. The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to choose for their children schools, other than those established by the public authorities, which conform to such minimum educational standards as may be laid down or approved by the State and to ensure the religious and moral education of their children in conformity with their own convictions. 4. No part of this article shall be construed so as to interfere with the liberty of individuals and bodies to establish and direct educational institutions, subject always to the observance of the principles set forth in paragraph I of this article and to the requirement that the education given in such institutions shall conform to such minimum standards as may be laid down by the State.

Document de l'ONU

International Covenant on Economic, Social and Cultural Rights ICESCR

Document de l'ONU

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

Pacte International relatif aux Droits Civils et Politiques

Document de l'ONU

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.

Document de l'ONU

International Covenant on Economic, Social and Cultural Rights ICESCR

Document de l'ONU

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 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

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

Treaty

Pacte International relatif aux Droits Civils et Politiques

Document de l'ONU

Pacte International relatif aux Droits Civils et Politiques

Document de l'ONU

International Covenant on Economic, Social and Cultural Rights ICESCR

Document de l'ONU

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.

Document de l'ONU

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

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

Treaty

International Covenant on Economic, Social and Cultural Rights ICESCR

Document de l'ONU

Pacte International relatif aux Droits Civils et Politiques

Document de l'ONU

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

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.

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

Pacte International relatif aux Droits Civils et Politiques

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.

Document de l'ONU

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.

Document de l'ONU

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

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

Article 201. All peoples shall have the right to existence. They shall have the unquestionable and inalienable right to self- determination. They shall freely determine their political status and shall pursue their economic and social development according to the policy they have freely chosen.2. Colonized or oppressed peoples shall have the right to free themselves from the bonds of domination by resorting to any means recognized by the international community. 3. All peoples shall have the right to the assistance of the States parties to the present Charter in their liberation struggle against foreign domination, be it political, economic or cultural.

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Article 19All 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

PROTOCOLE ADDITIONNEL (A/SP.1/01/05) PORTANT AMENDEMENT DU PRÉAMBULE, DES ARTICLES 1ER, 2, 9, 22 ET 30 DU PROTOCOLE A/P1/7/91 RELATIF À LA COUR DE JUSTICE DE LA COMMUNAUTÉ, AINSI QUE DE L’ARTICLE 4 PARAGRAPHE 1 DE LA VERSION ANGLAISE DUDIT PROTOCOLE

The Court has jurisdiction to determine case of violation of human rights that occur in any Member State.

Treaty

PROTOCOLE ADDITIONNEL (A/SP.1/01/05) PORTANT AMENDEMENT DU PRÉAMBULE, DES ARTICLES 1ER, 2, 9, 22 ET 30 DU PROTOCOLE A/P1/7/91 RELATIF À LA COUR DE JUSTICE DE LA COMMUNAUTÉ, AINSI QUE DE L’ARTICLE 4 PARAGRAPHE 1 DE LA VERSION ANGLAISE DUDIT PROTOCOLE

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;

Treaty

ECW/CCJ/JUD/16/14 SERAP & 10 Autres c. Nigeria & 4 Autres

Cour de justice de la CEDEAO

ECW/CCJ/JUD/03/11 Bakary Sarre & 28 Ors v Ministry of Justice of Mali & Republic of Mali

Lacompétencede laCourpour connaitre d'une affaire déterminéedépendnonseulement desestextesmaiségalementdelasubstancedela requêteinitiale.LaCouraccordetouteattention auxprétentionsdes demandeurs,auxmoyensqu'ilsinvoquentetdanslecasoùdesviolations dedroitdel'hommesontalléguées,desaprésentationparlesparties. Ellerecherche doncsi la constatation delaviolationdes droits del'hommeformel'objetprincipaldelarequêteetsilesmoyens etlespreuvesproduitstendentessentiellementàétablirdetellesviolations.

Cour de justice de la CEDEAO

ECW/CCJ/JUD/01/11- El Hadj Tidjani Aboubacar v Central Bank of West African States & Republic of Niger

La Courobservequepourlarecevabilitéd'unerequêteenmatièrededroitsde l'homme,l'évocationseuledesfaitsentrantdanscettequalificationsuffita lui conférerlacompétence,quesajurisprudenceétablieàcetégardestconstante;queMonsieurTidjaniAboubacar,enfaisantgriefàl'Etat duNigerd'avoir violéà sondétrimentles articles 17 et 14 de la DéclarationUniverselle des Droits del'HommeetdelaCharteAfricainedes Droitsdel'Homme etdesPeuples,que consacrentledroitdepropriétéetlesdroitséconomiquesetsociauxs'inscrit dans lechampde compétencedelaCour,àsavoirquelarequêten'étantpasanonymeet n'ayantpasétéportéedevantuneautreCourinternationalecompétentecommeleprescritl'article 10(d)duProtocoleAdditionnelde2005, maisvisentdesfaitsprésuméssedéroulerenRépubliqueduNiger, EtatmembredelaCEDEAO, conformémentàl'article 9 alinéa4 du ProtocoleAdditionnel suscite, laCour estime,contrairementàcequesoutient l'Etat du Niger,queladite requêteestrecevable

Cour de justice de la CEDEAO

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 16request an in-depth study.

Treaty

Communication No. 35/1978 Shirin Aumeeruddy-Cziffra and 19 Other Mauritian Women v. Mauritius

Document de l'ONU

Communication 338/07 - Socio-Economic Rights and Accountability Project (SERAP) c. Nigeria

Décision de la CADHP

Communication 338/07 - Socio-Economic Rights and Accountability Project (SERAP) c. Nigeria

Décision de la CADHP

ECW/CCJ/JUD/03/11 Bakary Sarre & 28 Ors v Ministry of Justice of Mali & Republic of Mali

Enl'espèce, larequêteestintroduiteaunomd'uncollectif,lapromotion demagistrats2004-2006.Or,laCour notequeMonsieurBakary Sarre quiprétendagirpourlecompteetaunomdelapromotionaproduitdes mandatsdontlestermes indiquentsansambiguïtéquelepouvoirdereprésentationàl'actionestaccordéeàlui-mêmeainsiqu'aMessieursHamidouDao,HadyMackySallet MamadouSanghaetselimiteauxactionsàintenterdevantlaSectionAdministrativedelaCourSuprêmeduMali. Ainsi,leditmandatquidésignedesmandataires solidairesne confèreàMonsieur BakarySarréaucuntitrejuridiquepouragirdevantlaCourde Justicede la CEDEAO au nomdeladitepromotion. En conséquence,ilyalieudeconclurequeMonsieurBakarySarren'apas qualitépourintroduirelaprésenteaffaire,aunomdesmagistratsdesa promotion.

Cour de justice de la CEDEAO

ECW/CCJ/JUD/18/12 SERAP v Nigeria

Cour de justice de la CEDEAO

ECW/CCJ/RUL/12/12 - Aliyu Tasheku c. Nigeria

Cour de justice de la CEDEAO

ECW/CCJ/JUD/18/12 SERAP v Nigeria

Cour de justice de la CEDEAO

PROTOCOLE ADDITIONNEL (A/SP.1/01/05) PORTANT AMENDEMENT DU PRÉAMBULE, DES ARTICLES 1ER, 2, 9, 22 ET 30 DU PROTOCOLE A/P1/7/91 RELATIF À LA COUR DE JUSTICE DE LA COMMUNAUTÉ, AINSI QUE DE L’ARTICLE 4 PARAGRAPHE 1 DE LA VERSION ANGLAISE DUDIT PROTOCOLE

Treaty

ECW/CCJ/JUG/09/12 Valentine Ayika v. Liberia

13.Thedefendantcontends that they areright in withholdingplaintiff'smoney because the way and manner in which plaintiff carriedthe money into her territoryandthenon-disclosurethereofviolates theCentral BankActof1999,the Revenue Code Act of 2000 and the Immigration and Naturalization Law.Defendant aversthat the plaintiffstrappedthe money to hisbody inadeliberate attempttosmugglesameinto hercountry,which actheperfectedwhen hefailed to declare same to her officials at the Roberts InternationalAirportupon hisarrival. Defendantcontinued that plaintiffat the various check pointsat the.,._,""'airport declaredthat.he was carrying nothing of value which warranted adeclaration.Defendantfurtherstated that itwasonly when plaintiffhadleft the airportand was accosted by security officials that itwas detectedthat hehad strapped themoney inquestiontohisbody.

Cour de justice de la CEDEAO

PROTOCOLE ADDITIONNEL (A/SP.1/01/05) PORTANT AMENDEMENT DU PRÉAMBULE, DES ARTICLES 1ER, 2, 9, 22 ET 30 DU PROTOCOLE A/P1/7/91 RELATIF À LA COUR DE JUSTICE DE LA COMMUNAUTÉ, AINSI QUE DE L’ARTICLE 4 PARAGRAPHE 1 DE LA VERSION ANGLAISE DUDIT PROTOCOLE

ii. Be made whilst the same matter has been instituted before another International Court for adjudication;

Treaty

ECW/CCJ/JUD/03/07 Moussa Léo Kéita v. Mali

Cour de justice de la CEDEAO

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

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

Article 19All 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

Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)

Treaty

Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)

Article 19All 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

Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)

Treaty

Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)

Treaty

Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)

Treaty

Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)

Treaty

Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)

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

Treaty

ECW/CCJ/JUD/11/12 Kemi Pinheiro (SAN) v The Republic of Ghana

Cour de justice de la CEDEAO

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)

Treaty

Charter of the United Nations

Document de l'ONU

Pacte International relatif aux Droits Civils et Politiques

Document de l'ONU

UN Declation on the Rights of Indigenous Peoples (UNDRIP)

Document de l'ONU

Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)

Treaty

ECW/CCJ/JUD/05/11 Petrostar (Nigeria) Limited v Blackberry Nigeria Limited & Anor.

Cour de justice de la CEDEAO

Communication No. 35/1978 Shirin Aumeeruddy-Cziffra and 19 Other Mauritian Women v. Mauritius

Document de l'ONU

ECW/CCJ/JUD/11/12 Kemi Pinheiro (SAN) v The Republic of Ghana

Cour de justice de la CEDEAO

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

328/06 Front for the Liberation of the State of Cabinda v Angola

Décision de la CADHP

African Charter on Human and Peoples' Rights

Article 19All 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

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

Article 19All 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

Treaties and softlaw only119
- Règlement intérieur2
- Treaty88
- Document de l'ONU29
Aucune étiquettes4
- Cour de justice de la CEDEAO4
Affaires/décisions internationales16
- Cour de justice de la CEDEAO12
- Document de l'ONU1
- Décision de la CADHP3
Geolocation1
- Pays (Géolocalisation)1

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