[1988] ACHPR 17
The African Commission lacks jurisdiction to consider communications against States that are not parties to the African Charter on Human and Peoples' Rights. As the USA is not a party to the Charter, the communication is inadmissible under Article 101 of the Rules of Procedure.
Source-derived case information.
- Citation
- [1988] ACHPR 17
- Parties
- Applicant: Prince J. N. Makoge; Respondent: USA
- Court
- African Commission on Human and Peoples Rights
- Jurisdiction
- Uganda
- Case Number
- Communication 5 of 1988
- Procedural Posture
- Communication / Decision
- Outcome
- communication declared inadmissible
- Legal Topics
- Admissibility of Communications, Jurisdiction of Commission, State Party Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Prince J. N. Makoge
Applicant
USA
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 Article 101 of 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 the USA is not a party to the Charter, the communication is inadmissible under Article 101 of the Rules of Procedure.
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 Session 17-26 October 1988**
## **PRINCE J. N. MAKOGE v. USA**
## **DECISION**
Citation: Makoge v. USA, Comm. 5/88, 7th ACHPR AAR Annex IX (1993-1994) Publications: Documents of the African Commission on Human and Peoples' Rights, at 338 (Malcolm D. Evans & Rachel Murray eds., 2001)
COMMUNICATION ON THE ACTIVITIES OF THE USA IN AFRICA DATED 29 AUGUST 1986
- [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).