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Equality Now and Ethiopian Women Lawyers Association (EWLA) v Federal Republic of Ethiopia (Communication 341-2007)

African Commission on Human and Peoples' Rights · [2021] ACHPR 523 · 2021 Motion for Review Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Motion for review of merits decision following alleged amicable settlement
Decision
Motion for review dismissed; original merits decision stands

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Holding

The African Commission dismissed Ethiopia's motion to review its merits decision, holding that no valid amicable settlement existed where the victim had terminated one representative's authority before alleged settlement negotiations, and where the State failed to prove satisfaction of procedural requirements under Rule 109(5) or establish compelling reasons for review under Rule 111(2)(c). The Commission affirmed that it did not err in proceeding to merits after the complainant terminated settlement negotiations in 2012.

Outcome

Motion for review dismissed; original merits decision stands

Facts

Equality Now and EWLA filed a communication on behalf of a 13-year-old victim of rape and abduction in Ethiopia. After domestic courts acquitted the perpetrators, the parties attempted amicable settlement negotiations from 2008 to 2012. In September 2011, the victim terminated EWLA's representation and retained only Equality Now. In June 2014, EWLA informed the Commission that settlement had been reached (including provision of a house and disciplinary action against court officials). The Commission adopted a merits decision in November 2015 in favour of the victim. Ethiopia filed a motion for review in June 2016, asserting that the amicable settlement rendered the merits decision unnecessary. The Commission considered whether the alleged settlement was valid and whether review criteria under Rule 111 were satisfied.

Issues

  1. Whether the African Commission erred in adopting a decision on merits after the Respondent State alleged an amicable settlement had been reached.
  2. Whether EWLA had standing to represent the Victim after the Victim terminated its representation in September 2011.
  3. Whether the requirements for review under Rule 111(2)(c) of the Commission's Rules of Procedure were satisfied.

Orders

  • Motion for review dismissed.
  • Merits decision of the Commission upheld.

Rules and key headnotes

Human Rights — Regional Bodies — Standing and Representation — Termination of Legal Representation
Where a victim terminates the legal representation of one entity and retains another as sole representative, the terminated entity loses standing before the Commission and any subsequent actions it purports to take on behalf of the victim are nullities.
Administrative Law — Amicable Settlement — Consent of Parties — Effect of Withdrawal
An amicable settlement procedure may only continue with the consent of the parties, and where one party opts out of the settlement process, the Commission does not err in proceeding to determine admissibility and merits.
Civil Procedure — Review of Decisions — Requirements for Review — New Facts and Compelling Reasons
Under Rule 111(2)(c), a party seeking review of a merits decision must establish compelling reasons or situations that would justify review to ensure fairness, justice and respect for human rights. Facts already extensively dealt with in the original decision do not constitute new facts warranting review.
Civil Procedure — Amicable Settlement — Evidentiary Requirements — Burden of Proof
Where a state alleges that an amicable settlement has been reached, it bears the burden of producing documentary evidence to establish the veracity of the settlement, including proof of the victim's consent and satisfaction with settlement terms as required under Rule 109(5).
Civil Procedure — Amicable Settlement — Time Limits — Effect of Excessive Delay
Where Rule 109(4) stipulates a six-month period, renewable once, for amicable settlement, an inordinate delay of two years in settling the matter without conclusion permits the Commission to proceed to admissibility and merits upon request of the complainant.

Full judgment

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

Equality Now and Ethiopian Women Lawyers Association (EWLA) v Federal Republic of Ethiopia (Communication 341-2007) [2021] ACHPR 523 (14 October 2021)
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.