[2013] AfCHPR 124

[2013] AfCHPR 124

The Court held that it lacks jurisdiction to hear and determine the Application brought by Atabong Denis Atemnkeng against the African Union. The Protocol establishing the African Court on Human and Peoples' Rights restricts the Court's jurisdiction to cases brought against State Parties that have ratified the Protocol and made a declaration under Article 34(6) accepting the Court's competence to receive cases from individuals and NGOs. The African Union, as a non-State entity and not a party to the Protocol or the Charter, falls outside the scope of the Court's jurisdiction ratione personae. The Application, therefore, does not meet the requirements of Articles 5(3) and 34(6), and the...

Citation
[2013] AfCHPR 124
Parties
Applicant: Atabong Denis Atemnkeng; Respondent: The African Union
Court
African Court on Human and Peoples Rights
Jurisdiction
Uganda
Judgment Date
15 March 2013
Case Number
Application No. 014/2011
Procedural Posture
Human Rights Application / Final Judgment
Outcome
Application dismissed for lack of jurisdiction.
Judges
Akuffo P, Guissè J, Ngoepe J, Niyungeko J, Ore J, Ouguergouz VP, Ramadhani J, Tambala J, Thompson J
Legal Topics
Access to Court, Jurisdiction of Regional Courts, Jus Cogens Norms, Sovereignty of Member States, Treaty Interpretation
Source Language
English
Constitutional Law Public International Law Access to Court Jurisdiction of Regional Courts Jus Cogens Norms Sovereignty of Member States Treaty Interpretation

Case Brief

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Parties

Atabong Denis Atemnkeng

Applicant

The African Union

Respondent

Procedural Posture

Human Rights Application / Final Judgment

Legal Issues

  1. 1 Whether Article 34(6) of the Protocol establishing the African Court on Human and Peoples' Rights is inconsistent with the Constitutive Act of the African Union and the African Charter on Human and Peoples' Rights.
  2. 2 Whether the Court has jurisdiction to hear an application brought by an individual against the African Union, a non-State entity.
  3. 3 Whether Article 34(6) unjustly restricts access to justice for victims of human rights violations.

Ratio Decidendi

The Court held that it lacks jurisdiction to hear and determine the Application brought by Atabong Denis Atemnkeng against the African Union. The Protocol establishing the African Court on Human and Peoples' Rights restricts the Court's jurisdiction to cases brought against State Parties that have ratified the Protocol and made a declaration under Article 34(6) accepting the Court's competence to receive cases from individuals and NGOs. The African Union, as a non-State entity and not a party to the Protocol or the Charter, falls outside the scope of the Court's jurisdiction ratione personae. The Application, therefore, does not meet the requirements of Articles 5(3) and 34(6), and the...

Court Disposition

Application dismissed for lack of jurisdiction.

Orders

  • The Court declares it does not have jurisdiction to hear and determine the Application brought by Atabong Denis Atemnkeng against the African Union.
  • Each party shall bear its own costs.