[1989] ACHPR 7
The Commission held that it could not consider the communication because Ethiopia was not a party to the African Charter on Human and Peoples' Rights at the material time. The Charter and the Commission's Rules of Procedure require that only communications against states parties to the Charter are admissible. Since...
Source-derived case information.
- Citation
- [1989] ACHPR 7
- Parties
- Applicant: Centre Haitien des Libertés Publiques; Respondent: Ethiopia
- Court
- African Commission on Human and Peoples Rights
- Jurisdiction
- Uganda
- Case Number
- Communication 21 of 1988
- Procedural Posture
- Communication / Admissibility
- Outcome
- communication declared inadmissible
- Legal Topics
- African Charter on Human and Peoples Rights, Admissibility of Communications, State Party Requirement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Centre Haitien des Libertés Publiques
Applicant
Ethiopia
Respondent
Procedural Posture
Communication / Admissibility
Legal Issues
- 1 Whether the African Commission on Human and Peoples' Rights can consider a communication against a state that is not a party to the African Charter on Human and Peoples' Rights.
Ratio Decidendi
The Commission held that it could not consider the communication because Ethiopia was not a party to the African Charter on Human and Peoples' Rights at the material time. The Charter and the Commission's Rules of Procedure require that only communications against states parties to the Charter are admissible. Since Ethiopia had not ratified or acceded to the Charter, the Commission lacked jurisdiction to entertain the complaint, rendering it inadmissible.
Court Disposition
communication declared inadmissible
Orders
- The communication is declared inadmissible.
Full Case Text
Judgment text and source record
8 paragraphs
**23 October – 4 November 1989 Communication No. 21/88**
## **AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS Sixth Ordinary Session 23 October – 4 November 1989**
## **CENTRE HAITIEN DES LIBERTÉS PUBLIQUES v. ETHIOPIA**
## **DECISION**
Citation: Ctr. Haitien Des Libertés Publiques v. Eth., Comm. 21/88, 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 96 (2002); Documents of the African Commission on Human and Peoples' Rights, at 342 (Malcolm D. Evans & Rachel Murray eds., 2001)
COMMUNICATION ON EXTRA-JUDICIAL EXECUTIONS, DATED JANUARY 20 1989
- [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).