[1989] ACHPR 2
The African Commission lacks jurisdiction to consider communications against States that have not ratified or acceded to the African Charter on Human and Peoples' Rights. Since Angola is not a party to the Charter, the communication is inadmissible under Article 101 of the Commission's Rules of Procedure. The...
Source-derived case information.
- Citation
- [1989] ACHPR 2
- Parties
- Applicant: Union National de Liberation de Cabinda; Respondent: Angola
- Court
- African Commission on Human and Peoples Rights
- Jurisdiction
- Uganda
- Case Number
- Communication 24 of 1989
- Procedural Posture
- Communication / Admissibility
- Outcome
- communication declared inadmissible
- Legal Topics
- Admissibility of Communications, State Party Requirement, Self Determination, Jurisdiction of Commission
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Union National de Liberation de Cabinda
Applicant
Angola
Respondent
Procedural Posture
Communication / Admissibility
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 alleged denial of self-determination by Angola is admissible before the Commission.
Ratio Decidendi
The African Commission lacks jurisdiction to consider communications against States that have not ratified or acceded to the African Charter on Human and Peoples' Rights. Since Angola is not a party to the Charter, the communication is inadmissible under Article 101 of the Commission's Rules of Procedure. The Commission's mandate is limited to States parties, and it cannot entertain complaints against non-member States regardless of the substance of the allegations.
Court Disposition
communication declared inadmissible
Orders
- The communication is inadmissible under Article 101 of the Rules of Procedure.
Full Case Text
Judgment text and source record
11 paragraphs
**3-14 April 1989 Communication No. 24/89**
## **AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS Fifth Ordinary Session 3-14 April 1989**
## **UNION NATIONAL DE LIBERATION DE CABINDA v. ANGOLA**
## **DECISION**
Citation: Union Nat'l De Liberation De Cabinda v. Angl., Comm. 24/89, 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 10 (2002); Documents of the African Commission on Human and Peoples' Rights, at 342 (Malcolm D. Evans & Rachel Murray eds., 2001)
COMMUNICATION ON ALLEGED DENIAL OF SELF-DETERMINATION, DATED APRIL 2, 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 fifth ordinary session held from 3 to 14 April 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).