[1989] ACHPR 5
The African Commission on Human and Peoples' Rights lacks jurisdiction to entertain communications against states that have not ratified or acceded to the African Charter on Human and Peoples' Rights. Since Ethiopia is not a party to the Charter, the communication is inadmissible under Article 101 of the...
Source-derived case information.
- Citation
- [1989] ACHPR 5
- Parties
- Applicant: Association Internationale des Jurists Democrates; Respondent: Ethiopia
- Court
- African Commission on Human and Peoples Rights
- Jurisdiction
- Uganda
- Case Number
- Communication 28 of 1989
- Procedural Posture
- Communication / Admissibility
- Outcome
- communication declared inadmissible
- Legal Topics
- Admissibility of Communications, Jurisdiction of Commission, State Party Requirement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Association Internationale des Jurists Democrates
Applicant
Ethiopia
Respondent
Procedural Posture
Communication / Admissibility
Legal Issues
- 1 Whether the African Commission on Human and Peoples' Rights has jurisdiction to consider a communication against a state that is not a party to the African Charter on Human and Peoples' Rights.
Ratio Decidendi
The African Commission on Human and Peoples' Rights lacks jurisdiction to entertain communications against states that have not ratified or acceded to the African Charter on Human and Peoples' Rights. Since Ethiopia is not a party to the Charter, the communication is inadmissible under Article 101 of the Commission's Rules of Procedure. The Commission's mandate is limited to states that have accepted the obligations of the Charter, and it cannot proceed against non-party states.
Court Disposition
communication declared inadmissible
Orders
- The communication is declared inadmissible.
Full Case Text
Judgment text and source record
6 paragraphs
## **AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS Sixth Ordinary Session 23 October – 4 November 1989**
## **ASSOCIATION INTERNATIONALE DES JURISTS DEMOCRATES v. ETHIOPIA**
## **DECISION**
- Citation: Ass'n Internationale Des Jurists Democrates v. Eth., Comm. 28/89, 7th ACHPR AAR Annex IX (1993-1994) - Publications: IHRDA, Compilation of Decisions on Communications of the African Commission On Human and Peoples' Rights Extracted from the Commission's Activity Reports 1994-2001, at 97 (2002); Documents of the African Commission on Human and Peoples' Rights, at 343 (Malcolm D. Evans & Rachel Murray eds., 2001)
## COMMUNICATION ON ALLEGED FALSE IMPRISONMENT, DESTRUCTION OF PROPERTY, ETC
- [1] "The African Commission on Human and Peoples' Rights, established under article 30 of the African Charter on Human and Peoples' Rights; - [2] Meeting at its sixth ordinary session held from 23 October to 4 November 1989; - [3] Considering that the communication is directed against a State which is not a party to the African Charter on Human and Peoples' Rights; - [4] Declares the communication inadmissible" (Article 101 of the Rules of Procedure).