[1990] ACHPR 8
The African Commission lacks jurisdiction to consider communications against States that are not parties to the African Charter on Human and Peoples' Rights. As Indonesia is not a party to the Charter, the communication is inadmissible under Article 101 of the Rules of Procedure.
Source-derived case information.
- Citation
- [1990] ACHPR 8
- Parties
- Applicant: Wesley Parish; Respondent: Indonesia
- Court
- African Commission on Human and Peoples Rights
- Jurisdiction
- Uganda
- Case Number
- Communication 38 of 1990
- Procedural Posture
- Communication / Admissibility
- Outcome
- communication declared inadmissible
- Legal Topics
- Admissibility of Communications, Jurisdiction of Commission, State Non Party Status
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Wesley Parish
Applicant
Indonesia
Respondent
Procedural Posture
Communication / Admissibility
Legal Issues
- 1 Whether the African Commission has jurisdiction to consider a communication against a State that is not a party to the African Charter on Human and Peoples' Rights.
- 2 Whether the communication meets the admissibility requirements 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 Indonesia 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.
Full Case Text
Judgment text and source record
10 paragraphs
**18-28 April 1990 Communication No. 38/90**
## **AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS Seventh Ordinary Session 18-28 April 1990**
## **WESLEY PARISH v. INDONESIA**
## **DECISION**
Citation: Parish v. Indon., Comm. 38/90, 7th ACHPR AAR Annex IX (1993–1994) Publications: Documents of the African Commission on Human and Peoples' Rights, at 344 (Malcolm D. Evans & Rachel Murray eds., 2001)
## ALLEGED ILLEGALITIES COMMITTED BY INDONESIA
[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 Seventh Ordinary Session held from 18 to 28 April 1990;
[3] Considering that the communication is directed against a State non-party to the African Charter on Human and Peoples' Rights;
[4] Declares the communication inadmissible. (Article 101 of the Rules of Procedure).