159/96 : Union interafricaine des droits de l'Homme, Fédération
internationale des ligues des droits de l'Homme, Rencontre africaine
des droits de l'Homme, Organisation nationale des droits de l'Homme
au Sénégal and Association malienne des droits de l'Homme / Angola
Facts
1. The communication is jointly filed by UIDH, FIDH, RADDHO, ONDH and AMDH. All these NG0s
are acting in this case on behalf of certain West African nationals expelled from Angola in 1996.
According to the Complainants, between April and September 1996, the Angolan government rounded
up and expelled West African nationals on its territory. These illegal expulsions were preceded by acts
of brutality committed against Senegalese, Malian, Gambian, Mauritanian and other nationals. Those
affected lost in the process their belongings.
Complaint
2. The Complainants maintain that the Angolan State violated the provisions of Articles 2, 7
paragraph 1 (a), 12 paragraphs 4and 5 of the African Charter on Human and Peoples' Rights.
Procedure
th
3. The communication is not dated, but it was received during the 20 session of the Commission,
held in Grand Bay, Mauritius in October 1996.
th
4. On 24 October 1996 the Secretariat acknowledged receipt of the communication.
th
5. On 19 December 1996 the Secretariat notified the Angolan government of the communication.
6. During its 21st Session in Nouakchott (Mauritania) in April 1997, the Commission declared the
communication admissible.
rd
7. The government and the Complainants were informed of this decision on 23 June 1997.
nd
8. At the 22 Session in November 1997, the Commission ruled on the merits of the case.
Law
Admissibility
9. The Commission considered the issue of admissibility of this communication on the basis of
information furnished by the Complainants. It deplores the fact that the Defendant State did not
th
respond to the notification sent to it on 19 December 1996, following the decision of the seizure of the
Commission.
10. Article 57 of the Charter implicitly indicates that the State Party to the said Charter against which
allegation of human rights violations are levelled is required to consider them in good faith and to
furnish the Commission with all information at its disposal to enable the latter to come to an equitable
decision. In this case, in view of the Defendant State's refusal to cooperate with the Commission, the
latter can only give more weight to the accusations made by the Complainants and this on the basis of
the evidence furnished by them.
11. The evidence shows that between April and September 1996, the government of the Republic of
Angola embarked on mass expulsion of aliens from its territory, and that these expulsions were illegal
and arbitrary, and in violation of 12 paragraphs 4 and 5 of the African Charter on Human and Peoples'
Rights.
12. According to information at the disposal of the Commission, it appears that those expelled did not
have the possibility to challenge their expulsion in court. In communication 71/92 Rencontre africaine