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Falana v African Union (Application No. 001-2011)

African Court on Human and Peoples' Rights · [2011] AfCHPR 52 · 2011 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application challenging the validity of Article 34(6) of the Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights
Decision
Application dismissed — Court held it lacked jurisdiction ratione personae to entertain an application against the African Union

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 by a majority of seven votes to three that it has no jurisdiction to hear an application filed by an individual against the African Union. The Court reasoned that the Protocol establishing the Court envisages applications from individuals and NGOs only against State Parties that have ratified the Protocol and made the declaration under Article 34(6). The African Union, as an international organization with a separate legal personality from its Member States, is not a party to the Protocol and cannot be subject to obligations arising from it. The Court cannot entertain applications against entities other than States that have ratified the Protocol and made the required declaration.

Outcome

Application dismissed — Court held it lacked jurisdiction ratione personae to entertain an application against the African Union

Facts

Femi Falana, a Nigerian human rights lawyer, filed an application against the African Union challenging the validity of Article 34(6) of the Protocol to the African Charter on Human and Peoples' Rights. Article 34(6) requires a State Party to make a special declaration accepting the competence of the Court to receive cases from individuals and NGOs. Falana alleged that he had made several attempts to get Nigeria to deposit the required declaration but to no avail. He argued that he was denied access to the Court because of Nigeria's failure to make the declaration. Since his efforts failed, he decided to file an application against the African Union as representative of its Member States, asking the Court to find Article 34(6) inconsistent with various provisions of the African Charter. The African Union objected to the Court's jurisdiction, arguing that it is not a State Party to the Protocol and cannot be sued for obligations of Member States.

Issues

  1. Whether the African Court on Human and Peoples' Rights has jurisdiction to entertain an application filed by an individual against the African Union as an international organization.
  2. Whether Article 34(6) of the Protocol to the African Charter, which requires a State Party to make a declaration accepting the competence of the Court to receive cases from individuals and NGOs, is inconsistent with Articles 1, 2, 7, 13, 26 and 66 of the African Charter on Human and Peoples' Rights.
  3. Whether the African Union can be sued before the Court on behalf of its Member States.
  4. Whether the applicant has locus standi to file the application.

Orders

  • Application dismissed for lack of jurisdiction.

Rules and key headnotes

Access to Court — Jurisdiction Ratione Personae — International Organizations
The African Court on Human and Peoples' Rights may only entertain applications filed against State Parties to the Protocol to the African Charter on Human and Peoples' Rights that have ratified the Protocol and made the declaration under Article 34(6) accepting the competence of the Court to receive cases from individuals and NGOs. The Court has no jurisdiction to entertain applications filed against international organizations such as the African Union.
International Organizations — Legal Personality — Separate from Member States
An international organization such as the African Union has a legal personality separate from the legal personality of its Member States. As a legal person, an international organization cannot be subject to legal obligations arising from a treaty unless it is a party to such treaty or is subject to such obligations by any other means recognized under international law.
Treaty Law — Third Party Rule — Vienna Convention
A treaty does not create either obligations or rights for a third State or a third organization without the consent of that State or that organization. An international organization that is not a party to a treaty cannot be subject to obligations arising from that treaty unless it has been allowed to become a party and is willing to do so.
Jurisdiction of Court — Creature of Protocol — Prescribed Jurisdiction
The African Court on Human and Peoples' Rights is a creature of the Protocol to the African Charter and its jurisdiction is clearly prescribed by the Protocol. When an application is filed before the Court by an individual, the jurisdiction of the Court ratione personae is determined by Articles 5(3) and 34(6) of the Protocol read together, which require that such an application will not be received unless it is filed against a State which has ratified the Protocol and made the declaration.

Legislation cited (20)

  • Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights Article 3(2)
  • 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 34(6)
  • African Charter on Human and Peoples' Rights Article 1
  • African Charter on Human and Peoples' Rights Article 2
  • African Charter on Human and Peoples' Rights Article 7
  • African Charter on Human and Peoples' Rights Article 13
  • African Charter on Human and Peoples' Rights Article 26
  • African Charter on Human and Peoples' Rights Article 27(1)
  • African Charter on Human and Peoples' Rights Article 29(7)
  • African Charter on Human and Peoples' Rights Article 56
  • African Charter on Human and Peoples' Rights Article 63(1)
  • African Charter on Human and Peoples' Rights Article 66
  • Constitutive Act of the African Union Article 2
  • Constitutive Act of the African Union Article 3(h)
  • Constitutive Act of the African Union Article 4
  • Constitutive Act of the African Union Article 7(1)
  • Constitutive Act of the African Union Article 33
  • Vienna Convention on the Law of Treaties 1969 Article 34
  • Vienna Convention on the Law of Treaties between States and International Organizations 1986 Article 34

Cases cited (11)

  • Michelot Yogogombaye v The Republic of Senegal (Application No. 001/2008)
  • Reparation for injuries suffered in the service of the United Nations, Advisory Opinion, I.C.J Reports, 1949, p. 174, at p. 179
  • Efoua Mbozo'o Samuel v. The Pan African Parliament
  • Convention Nationale des Syndicats du Secteur Education (CONASYSED) v. The Republic of Gabon
  • Delta International Investments S.A., MR. AGL de Lang and Mme. Lang v. The Republic of South Africa
  • Emmanuel Joseph Uko v. The Republic of South Africa
  • Timan Amir Adam v. The Republic of Sudan
  • Ekollo Moundi Alexandre v. The Republic of Cameroon and the Federal Republic of Nigeria
  • Youssef Ababou v. The Kingdom of Morocco
  • Daniel Amare & Mulugeta Amare v. Mozambique Airlines & Mozambique
  • Legality of the Use by a State of Nuclear Weapons in Armed Conflict, Advisory Opinion. ICJ Reports, 1996, p.66, at p.79

Full judgment

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Falana v African Union (Application No. 001-2011) [2011] AfCHPR 52 (26 June 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.