peoples democratic organisation for independence and socialism v gambia communication 44 of 1990 1996 achpr 7 31 october 1996

peoples democratic organisation for independence and socialism v gambia communication 44 of 1990 1996 achpr 7 31 october 1996

The Commission found that the communication was admissible due to unduly prolonged exhaustion of local remedies and that the present government conceded the validity of the complainant's grievances, committing to reform the electoral law, thus resolving the matter amicably.

Citation
peoples democratic organisation for independence and socialism v gambia communication 44 of 1990 1996 achpr 7 31 october 1996
Parties
Complainant: Peoples' Democratic Organisation for Independence and Socialism; Respondent: The Gambia
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
31 October 1996
Procedural Posture
Communication / Decision on Merits and Admissibility
Outcome
amicable resolution
Legal Topics
Voter Registration, Right to Participate in Government, Exhaustion of Local Remedies, Amicable Resolution
Source Language
English
Human Rights Election Law Voter Registration Right to Participate in Government Exhaustion of Local Remedies Amicable Resolution

Case Brief

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Parties

Peoples' Democratic Organisation for Independence and Socialism

Complainant

The Gambia

Respondent

Procedural Posture

Communication / Decision on Merits and Admissibility

Legal Issues

  1. 1 Whether the voter registration procedures in The Gambia violate the right to participate freely in government under Article 13 of the African Charter
  2. 2 Whether the communication is admissible given the exhaustion of local remedies

Ratio Decidendi

The Commission found that the communication was admissible due to unduly prolonged exhaustion of local remedies and that the present government conceded the validity of the complainant's grievances, committing to reform the electoral law, thus resolving the matter amicably.

Court Disposition

amicable resolution

Orders

  • The Commission holds that the communication has reached an amicable resolution.