katangese peoples congress v zaire communication 72 of 1992 1992 achpr 3 1 january 1992

katangese peoples congress v zaire communication 72 of 1992 1992 achpr 3 1 january 1992

In the absence of concrete evidence of human rights violations or denial of participation in government, Katanga must exercise self-determination in a manner compatible with Zaire's sovereignty and territorial integrity; request for independence lacks merit under the Charter.

Citation
katangese peoples congress v zaire communication 72 of 1992 1992 achpr 3 1 january 1992
Parties
Applicant: Katangese Peoples' Congress; Respondent: Zaire
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
1 January 1992
Procedural Posture
Communication / Decision
Outcome
dismissed
Legal Topics
Self Determination, Territorial Integrity
Source Language
English
Human Rights International Law Self Determination Territorial Integrity

Case Brief

Summary, issues, holding and outcome

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Parties

Katangese Peoples' Congress

Applicant

Zaire

Respondent

Procedural Posture

Communication / Decision

Legal Issues

  1. 1 Whether Katanga is entitled to independence under the African Charter on Human and Peoples' Rights
  2. 2 Whether the Katangese Peoples' Congress is entitled to recognition as a liberation movement

Ratio Decidendi

In the absence of concrete evidence of human rights violations or denial of participation in government, Katanga must exercise self-determination in a manner compatible with Zaire's sovereignty and territorial integrity; request for independence lacks merit under the Charter.

Court Disposition

dismissed

Orders

  • Case holds no evidence of violations under the African Charter.
  • Request for independence for Katanga has no merit under the Charter.