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Tanzania decisions
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The African Court dismissed DRC’s request for expedited procedure, holding it could not abridge defence-related time limits, but listed the case for priority handling.
The Court rejected the request for expedited procedure because the respondent did not expressly waive its right to the 90-day response period, and the complexity of the case did not justify shortening the deliberation period. However, the Court decided to give priority to the examination of the application due to the seriousness of the alleged violations.
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The Respondent State violated Articles 4, 7(1)(a), 16, 24, and 9(1) of the African Charter by failing to prevent the dumping of toxic waste, inadequately investigating and prosecuting those responsible, failing to provide effective remedies and compensation to all victims, not ensuring adequate medical care and information, and not fully remediating the environmental damage. The State’s actions and omissions breached its obligations to respect, protect, and fulfil the rights to life, health, environment, information, and effective remedy. The compensation programme and remedial measures were…
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The African Court held it had jurisdiction over the application, but found it inadmissible because the Applicants’ representative lacked authority to act before the Court.
The application is inadmissible because the representative of the applicants did not have a valid mandate to represent them before the African Court; the Court is competent but the preliminary objection regarding representation is upheld.
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The Nigerian government, by direct action and omission, violated the rights to health, environment, property, food, life, and adequate housing of the Ogoni people under the African Charter by failing to prevent and remedy environmental degradation, violence, and deprivation caused by oil operations and state security forces.
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The Nigerian government, through direct action and failure to regulate or prevent abuses by oil companies and security forces, violated the rights to health, environment, property, housing, food, and life of the Ogoni people under the African Charter by failing to respect, protect, promote, and fulfil these rights, and by facilitating or condoning acts that led to environmental degradation, destruction of property and food sources, forced evictions, and violence.
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