[1988] ACHPR 10
The African Commission declared the communication inadmissible because the Organisation of African Unity is not a State or a Party to the African Charter on Human and Peoples' Rights. The Commission's jurisdiction is limited to communications against States or Parties to the Charter, and therefore, it cannot...
Source-derived case information.
- Citation
- [1988] ACHPR 10
- Parties
- Applicant: Mohammed El-Nekheily; Respondent: Organisation of African Unity (OAU)
- Court
- African Commission on Human and Peoples Rights
- Jurisdiction
- Uganda
- Case Number
- Communication 12 of 1988
- Procedural Posture
- Communication / Admissibility
- Outcome
- communication declared inadmissible
- Legal Topics
- Wrongful Dismissal, Non Payment of Salaries, Jurisdiction of Commission
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mohammed El-Nekheily
Applicant
Organisation of African Unity (OAU)
Respondent
Procedural Posture
Communication / Admissibility
Legal Issues
- 1 Whether the African Commission on Human and Peoples' Rights has jurisdiction over communications directed against entities that are not States or Parties to the African Charter.
- 2 Whether the communication against the OAU is admissible under the Rules of Procedure.
Ratio Decidendi
The African Commission declared the communication inadmissible because the Organisation of African Unity is not a State or a Party to the African Charter on Human and Peoples' Rights. The Commission's jurisdiction is limited to communications against States or Parties to the Charter, and therefore, it cannot entertain complaints against intergovernmental organizations such as the OAU.
Court Disposition
communication declared inadmissible
Orders
- The communication is declared inadmissible under Article 101 of the Rules of Procedure.
Full Case Text
Judgment text and source record
7 paragraphs
**17-26 October 1988 Communication No. 12/88**
## **AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS Fourth Ordinary Session 17-26 October 1988**
## **MOHAMMED EL-NEKHEILY v. OAU**
## **DECISION**
Citation: El-Nekheily v. OAU, Comm. 12/88, 7th ACHPR AAR Annex IX (1993-1994) Alt. Style of Cause: Mohamed El-Nekheily v. OAU Publications: Documents of the African Commission on Human and Peoples' Rights, at 340 (Malcolm D. Evans & Rachel Murray eds., 2001)
COMMUNICATION ON WRONGFUL DISMISSAL, NON-PAYMENT OF SALARIES, ETC., DATED MAY 28, 1988
- [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 fourth ordinary session from 17 to 26 October 1988; - [3] Considering that the communication is directed against the OAU which is not a State or a Party to the African Charter on Human and Peoples' Rights; - [4] Declares the communication inadmissible" (Article 101 of the Rules of Procedure).