[1988] ACHPR 14
The African Commission lacks jurisdiction to consider communications against States that are not parties to the African Charter on Human and Peoples' Rights. As Ethiopia is not a party to the Charter, the communication is inadmissible under Article 101 of the Rules of Procedure. The Commission is bound by the...
Source-derived case information.
- Citation
- [1988] ACHPR 14
- Parties
- Applicant: International Lawyers Committee for Family Reunification; Respondent: Ethiopia
- Court
- African Commission on Human and Peoples Rights
- Jurisdiction
- Uganda
- Case Number
- Communication 9 of 1988
- Procedural Posture
- Communication / Decision
- Outcome
- communication declared inadmissible
- Legal Topics
- Admissibility of Communications, State Party Requirement, African Charter Applicability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
International Lawyers Committee for Family Reunification
Applicant
Ethiopia
Respondent
Procedural Posture
Communication / Decision
Legal Issues
- 1 Whether the African Commission has jurisdiction to consider a communication against a State not party to the African Charter on Human and Peoples' Rights.
- 2 Whether the communication is admissible under the Rules of Procedure.
Ratio Decidendi
The African Commission lacks jurisdiction to consider communications against States that are not parties to the African Charter on Human and Peoples' Rights. As Ethiopia is not a party to the Charter, the communication is inadmissible under Article 101 of the Rules of Procedure. The Commission is bound by the Charter and its Rules, which limit its competence to matters involving States that have ratified the Charter.
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
6 paragraphs
## **AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS Fourth Ordinary Session 17-26 October 1988**
## **INTERNATIONAL LAWYERS COMMITTEE FOR FAMILY REUNIFICATION v. ETHIOPIA**
## **DECISION**
- Citation: Int'l Lawyers Comm. for Family Reunification v. Eth., Comm. 9/88, 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 95 (2002); Documents of the African Commission on Human and Peoples' Rights, at 339 (Malcolm D. Evans & Rachel Murray eds., 2001)
COMMUNICATION ON ALLEGED FALSE IMPRISONMENT OF PERSONS AND TORTURE, DATED APRIL 14 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 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).