sorted by

Data adicionada

36 relationships, 11 entities

10 of 36 hubs

Select target paragraph3

● ● ●

Uwazi is developed by
African Human Rights CLA 2.0
Biblioteca
Logon

Info
36Relationships

ECW CCJ JUD 29 18

Tribunal da CEDEAO

Dicas de pesquisa

Search text

Type something in the search box to get some results.

PARTIES2
PLAINTIFF CLAIMS FOR:2
DEFENDANT’S CASE3
Plaintiff’s Response to the Defense4
Articles alleged to have been violated by the defendants:4
LEGAL ANALYSIS BY THE COURT5
Decision7
AND THE FOLLOWING HAVE APPENDED THEIR SIGNATURES:8

ECW CCJ JUD 29 18

Tribunal da CEDEAO

Preview

ECCJ App no.: EWC/CCJ/APP/25/16

ECCJ Jud No.: ECW/CCJ/JUD/29/18

Tipo de Documento

Julgamento

Palavras-Chave

Comunidades Aborígenes
Danos e Compensação
Despejo Forçado
Direito à Propriedade
Direito ao Julgamento Justo
Direitos de Terra
Liberdade de Disposição de Riqueza e Recursos Naturais
Proteção da Família e Grupos Vulneráveis
Reparações / Remédios

Estado

Nigéria

Resultado: Caso Rejeitado

Data da Decisão: 11 de dez de 2018

African Charter Rights Alleged to be Violated

CADHP 14: Direito à Propriedade
CADHP 21: Direito ao Fornecimento de Riqueza e Recursos Naturais
CADHP 21.1: Direito das pessoas à liberdade de riqueza e recursos naturais
CADHP 21.2: Direito à recuperação legal de propriedades por pessoas desapropriadas
CADHP 21.3: Liberdade das pessoas para ter sua riqueza e recursos naturais
CADHP 7.1.a: Direito a um Remédio em um Tribunal de Jurisdição Competente

Duração do Procedimento: 22 de jul de 2016 ~ 11 de nov de 2018

Country Geolocation

Latitude: 9.081999

Longitude: 8.675277

Country Geolocation (linked Tribunal da CEDEAO): Nigeria

Primary Documents

ECW_CCJ_JUD_29_18.pdf
english
Download View

Banjul charter

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.

Tratado

UN Declation on the Rights of Indigenous Peoples (UNDRIP)

Article 261. Indigenous peoples have the right to the lands, territories and resources which they have tradi-tionally owned, occupied or otherwise used or acquired.2. Indigenous peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of tra-ditional ownership or other traditional occu-pation or use, as well as those which they have otherwise acquired.3. States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to the customs, traditions and land tenure sys-tems of the indigenous peoples concerned.

Documento das Nações Unidas

2. Universal Declaration of Human Rights

rticle 17 1. Everyone has the right to own property alone as well as in association with others. 2. No one shall be arbitrarily deprived of his property.

Documento das Nações Unidas

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.

Documento das Nações Unidas

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.

Documento das Nações Unidas

UN Declation on the Rights of Indigenous Peoples (UNDRIP)

Article 281. Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and re-sources which they have traditionally owned or otherwise occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and in-formed consent.2. Unless otherwise freely agreed upon by the peoples concerned, compensation shall take 21the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress

Documento das Nações Unidas

Banjul charter

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.

Tratado

UN Declation on the Rights of Indigenous Peoples (UNDRIP)

Article 201. Indigenous peoples have the right to maintain and develop their political, economic and social systems or institutions, to be secure in the en-joyment of their own means of subsistence and development, and to engage freely in all their traditional and other economic activities.

Documento das Nações Unidas

ICCPR

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.

Documento das Nações Unidas

2. Universal Declaration of Human Rights

Article 8 Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

Documento das Nações Unidas

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

Article 771. Any time-limit prescribed pursuant to these Rules may be extended by whoever prescribed it. 2. The President may delegate to the Vice President power of signature for the purpose of fixing time limits which, pursuant to these Rules, it falls to them to prescribe or of extending such time- limits

Tratado

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

2. The time limit laid down in paragraph 1 of this Article may be extended by the President on a reasoned application by the defendant.

Tratado

Banjul charter

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;

Tratado

Banjul charter

Tratado

Banjul charter

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.

Tratado

UN Declation on the Rights of Indigenous Peoples (UNDRIP)

Article 1Indigenous peoples have the right to the full en-joyment, as a collective or as individuals, of all 8human rights and fundamental freedoms as rec-ognized in the Charter of the United Nations, the Universal Declaration of Human Rights4 and in-ternational human rights law.

Documento das Nações Unidas

UN Declation on the Rights of Indigenous Peoples (UNDRIP)

Documento das Nações Unidas

UN Declation on the Rights of Indigenous Peoples (UNDRIP)

Documento das Nações Unidas

UN Declation on the Rights of Indigenous Peoples (UNDRIP)

Documento das Nações Unidas

2. Universal Declaration of Human Rights

Article 8 Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.

Documento das Nações Unidas

2. Universal Declaration of Human Rights

Article 10 Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Documento das Nações Unidas

2. Universal Declaration of Human Rights

Article 17 1. Everyone has the right to own property alone as well as in association with others. 2. No one shall be arbitrarily deprived of his property.

Documento das Nações Unidas

ICCPR

Documento das Nações Unidas

ICCPR

Documento das Nações Unidas

ICCPR

Article 141. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The press and the public may be excluded from all or part of a trial for reasons of morals, public order (ordre public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children.

Documento das Nações Unidas

ICESCR

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.

Documento das Nações Unidas

1969 Vienna Convention on the Law of Treaties

Article 26. "PACTA SUNT SERVANDA"Every treaty in force is binding upon the parties to it and must be performed by them in good faith

Documento das Nações Unidas

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 46

Documento das Nações Unidas

FEMI FALANA & ANOR v REPUBLIC OF BENIN & 2 ORS

Tribunal da CEDEAO

Supplementary protocol

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.

Tratado

Supplementary protocol

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.

Tratado

Supplementary protocol

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.

Tratado

ECW CCJ ADD 02 16

Tribunal da CEDEAO

Supplementary protocol

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

Tratado

Supplementary protocol

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.

Tratado

Apenas tratados e lei leve33
- Tratado12
- Documento das Nações Unidas21
Casos / decisões internacionais2
- Tribunal da CEDEAO2
Geolocation1
- Countries geolocation1

Create Reference

Select relationship type

Treaties and softlaw only
International cases/decisions
Municipal law
Municipal court decision
Country
Rights Not Violated
Keywords
Outcome
Rights Alleged to be Violated
Rights Violated
Type of Document
Right Not Violated
SADC Treaty Rights Violated
SADC Treaty Rights Not Violated
ACHPR Rights Violated
ACHPR Rights Not Violated
ACHPR Provisions
Cases Referenced
Location

Dicas de pesquisa

View

Add entities / documents

Dicas de pesquisa