[2011] AfCHPR 50

[2011] AfCHPR 50

The African Court determined that it lacked jurisdiction to entertain the application filed by the Association Juristes d'Afrique pour la Bonne Gouvernance against the Republic of Cote d'Ivoire because the applicant NGO did not possess observer status before the African Commission on Human and Peoples' Rights, as required by Article 5(3) of the Protocol. The Court verified this status with the Commission, which confirmed the absence of observer status. Consequently, the Court was not entitled to receive the application. In accordance with Article 6(3) of the Protocol, and given the nature of the allegations, the Court found it appropriate to transfer the application to the African...

Citation
[2011] AfCHPR 50
Parties
Applicant: Association Juristes d'Afrique pour la Bonne Gouvernance; Respondent: Republic of Cote d'Ivoire
Court
African Court on Human and Peoples Rights
Jurisdiction
Uganda
Judgment Date
16 June 2011
Case Number
Application No. 006/2011
Procedural Posture
Application / Jurisdictional Determination
Outcome
Application dismissed for lack of jurisdiction and transferred to the African Commission on Human and Peoples' Rights.
Judges
Niyungeko J
Legal Topics
Access to Court, Observer Status Requirements, Jurisdiction of Regional Courts
Source Language
English
Constitutional Law Access to Court Observer Status Requirements Jurisdiction of Regional Courts

Case Brief

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Parties

Association Juristes d'Afrique pour la Bonne Gouvernance

Applicant

Republic of Cote d'Ivoire

Respondent

Procedural Posture

Application / Jurisdictional Determination

Legal Issues

  1. 1 Whether the applicant NGO has standing to bring a case directly before the African Court on Human and Peoples' Rights under Article 5(3) of the Protocol.
  2. 2 Whether the Court has jurisdiction to entertain the application given the applicant's lack of observer status before the African Commission on Human and Peoples' Rights.
  3. 3 Whether the application should be transferred to the African Commission on Human and Peoples' Rights under Article 6(3) of the Protocol.

Ratio Decidendi

The African Court determined that it lacked jurisdiction to entertain the application filed by the Association Juristes d'Afrique pour la Bonne Gouvernance against the Republic of Cote d'Ivoire because the applicant NGO did not possess observer status before the African Commission on Human and Peoples' Rights, as required by Article 5(3) of the Protocol. The Court verified this status with the Commission, which confirmed the absence of observer status. Consequently, the Court was not entitled to receive the application. In accordance with Article 6(3) of the Protocol, and given the nature of the allegations, the Court found it appropriate to transfer the application to the African...

Court Disposition

Application dismissed for lack of jurisdiction and transferred to the African Commission on Human and Peoples' Rights.

Orders

  • The Court has no jurisdiction to receive the application filed by the Association Juristes d'Afrique pour la Bonne Gouvernance against the Republic of Cote d'Ivoire.
  • The application is transferred to the African Commission on Human and Peoples' Rights.