[1989] ACHPR 6
The African Commission held that since Ethiopia is not a party to the African Charter on Human and Peoples' Rights, the communication cannot be entertained. The Commission's jurisdiction is limited to States that have ratified the Charter, and communications against non-party States are inadmissible under Article...
Source-derived case information.
- Citation
- [1989] ACHPR 6
- Parties
- Applicant: Commission Francaise Justice et Paix; Respondent: Ethiopia
- Court
- African Commission on Human and Peoples Rights
- Jurisdiction
- Uganda
- Case Number
- Communication 29 of 1989
- Procedural Posture
- Human Rights Communication / Preliminary Admissibility
- Outcome
- communication declared inadmissible
- Legal Topics
- Admissibility of Communications, State Party Requirement, Right to Life, African Charter on Human and Peoples Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Commission Francaise Justice et Paix
Applicant
Ethiopia
Respondent
Procedural Posture
Human Rights Communication / Preliminary Admissibility
Legal Issues
- 1 Whether the communication is admissible against a State that is not a party to the African Charter on Human and Peoples' Rights.
Ratio Decidendi
The African Commission held that since Ethiopia is not a party to the African Charter on Human and Peoples' Rights, the communication cannot be entertained. The Commission's jurisdiction is limited to States that have ratified the Charter, and communications against non-party States are inadmissible under Article 101 of its Rules of Procedure.
Court Disposition
communication declared inadmissible
Orders
- The communication is declared inadmissible pursuant to Article 101 of the Rules of Procedure.
Full Case Text
Judgment text and source record
7 paragraphs
## **AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS Sixth Ordinary Session 23 October – 4 November 1989**
## **COMMISSION FRANCAISE JUSTICE ET PAIX v. ETHIOPIA**
## **DECISION**
Citation: Comm'n Francaise Justice Et Paix v Eth., Comm. 29/89, 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 DENIAL OF THE RIGHT TO LIFE, DATED MARCH 3 AND JUNE 19, 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).