Wakilii

Alexandre v Republic of Cameroon and Another (Application No. 008-2011)

African Court on Human and Peoples' Rights · [2011] AfCHPR 37 · 2011 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for human rights violations brought directly before the African Court
Decision
Application dismissed for lack of jurisdiction and matter transferred to the African Commission

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Court on Human and Peoples' Rights held that it manifestly lacked jurisdiction to receive an application filed directly by an individual against Cameroon and Nigeria. Nigeria had not made the declaration under Article 34(6) of the Protocol accepting the Court's competence to receive individual applications, and Cameroon had not ratified the Protocol. The Court transferred the matter to the African Commission on Human and Peoples' Rights.

Outcome

Application dismissed for lack of jurisdiction and matter transferred to the African Commission

Facts

On 20 May 2011, Ekollo Moundi Alexandre, domiciled in Douala, Cameroon, filed an application before the African Court on Human and Peoples' Rights against the Republic of Cameroon and the Federal Republic of Nigeria, alleging violations of Articles 3, 5, 6, 7 and 13(3) of the African Charter on Human and Peoples' Rights. The Registry sought confirmation from the African Union Commission Legal Counsel regarding whether the respondent States had made the declaration under Article 34(6) of the Protocol. The Legal Counsel confirmed that neither Cameroon nor Nigeria had made such declaration, and that Cameroon had not even ratified the Protocol.

Issues

  1. Whether the Court has jurisdiction to receive an application filed directly by an individual against States that have not made the declaration under Article 34(6) of the Protocol.
  2. Whether the matter should be transferred to the African Commission on Human and Peoples' Rights.

Orders

  • Application dismissed for manifest lack of jurisdiction.
  • Matter transferred to the African Commission on Human and Peoples' Rights.

Rules and key headnotes

Human Rights — Jurisdiction of African Court — Individual Access — Declaration Requirement
The African Court on Human and Peoples' Rights may only receive applications filed directly by individuals against a State Party where that State has made a declaration under Article 34(6) of the Protocol accepting the Court's competence to receive such cases.
Administrative Law — Jurisdiction — Manifest Lack of Jurisdiction
Where a respondent State has not ratified the Protocol establishing the African Court or has not made the declaration accepting individual applications, the Court manifestly lacks jurisdiction to receive the application.
Human Rights — Transfer of Cases — African Commission Referral
Where the African Court lacks jurisdiction to hear a matter but the allegations raise human rights issues, the Court may exercise its discretion under Article 6(3) of the Protocol to transfer the matter to the African Commission on Human and Peoples' Rights.

Legislation cited (9)

  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 5(3)
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 6(3)
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 22
  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 34(6)
  • African Charter on Human and Peoples' Rights Article 3
  • African Charter on Human and Peoples' Rights Article 5
  • African Charter on Human and Peoples' Rights Article 6
  • African Charter on Human and Peoples' Rights Article 7
  • African Charter on Human and Peoples' Rights Article 13(3)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Alexandre v Republic of Cameroon and Another (Application No. 008-2011) [2011] AfCHPR 37 (23 September 2011)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.