Centre Haitien des Libertes Publiques v Ethiopia (Communication 21 of 1988)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The African Commission on Human and Peoples' Rights declared the communication inadmissible because it was directed against Ethiopia, a State that was not a party to the African Charter on Human and Peoples' Rights at the time. The Commission lacks jurisdiction over non-State parties to the Charter.
Outcome
Communication inadmissible for lack of jurisdiction over non-State party
Facts
The Centre Haitien des Libertés Publiques filed a communication dated 20 January 1989 alleging extra-judicial executions against Ethiopia. The communication was brought before the African Commission on Human and Peoples' Rights at its sixth ordinary session held from 23 October to 4 November 1989. Ethiopia was not a party to the African Charter on Human and Peoples' Rights at the relevant time.
Issues
- Whether the African Commission has jurisdiction to consider a communication directed against a State that is not a party to the African Charter on Human and Peoples' Rights.
Orders
- Communication declared inadmissible.
Rules and key headnotes
Legislation cited (2)
- African Charter on Human and Peoples' Rights art.30
- Rules of Procedure of the African Commission on Human and Peoples' Rights art.101
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.