Wakilii

El Nekheily v OAU (Communication 12 of 1988)

African Commission on Human and Peoples' Rights · [1988] ACHPR 10 · 1988 Communication Inadmissible AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Communication to the African Commission alleging wrongful dismissal and non-payment of salaries
Decision
Communication inadmissible for lack of jurisdiction

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Commission declared the communication inadmissible on the ground that it was directed against the Organisation of African Unity, which is not a State or a Party to the African Charter on Human and Peoples' Rights. The Commission lacks jurisdiction over communications against international organisations.

Outcome

Communication inadmissible for lack of jurisdiction

Facts

Mohammed El-Nekheily filed a communication dated 28 May 1988 against the Organisation of African Unity alleging wrongful dismissal and non-payment of salaries. The communication was brought before the African Commission on Human and Peoples' Rights at its fourth ordinary session held from 17 to 26 October 1988.

Issues

  1. Whether the African Commission has jurisdiction to hear a communication directed against the OAU, which is not a State Party to the African Charter on Human and Peoples' Rights.

Orders

  • Communication declared inadmissible under Article 101 of the Rules of Procedure.

Rules and key headnotes

Human Rights — Jurisdiction of African Commission — Communications Against Non-State Entities
The African Commission on Human and Peoples' Rights has no jurisdiction to entertain communications directed against entities that are not States or Parties to the African Charter on Human and Peoples' Rights.
Administrative Law — International Organisations — Immunity from Regional Human Rights Mechanisms
An international organisation such as the OAU is not subject to the jurisdiction of the African Commission on Human and Peoples' Rights in respect of employment disputes or other claims, as it is not a State Party to the African Charter.

Legislation cited (2)

  • African Charter on Human and Peoples' Rights art.30
  • Rules of Procedure of the African Commission art.101

Full judgment

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

El Nekheily v OAU (Communication 12 of 1988) [1988] ACHPR 10 (26 October 1988)
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.