Wakilii

Houver v Morocco (Communication 41 of 1990)

African Commission on Human and Peoples' Rights · [1990] ACHPR 5 · 1990 Communication Inadmissible AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Communication alleging political imprisonment and other wrongdoing before the African Commission on Human and Peoples' Rights
Decision
Communication inadmissible due to lack of jurisdiction over non-party state

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.

Holding

The African Commission on Human and Peoples' Rights declared a communication inadmissible where it was directed against Morocco, a state that was not party to the African Charter on Human and Peoples' Rights. The Commission held that it lacked jurisdiction to consider complaints against non-party states under Article 101 of its Rules of Procedure.

Outcome

Communication inadmissible due to lack of jurisdiction over non-party state

Facts

Andre Houver filed a communication dated 28 March 1990 with the African Commission on Human and Peoples' Rights alleging political imprisonment and other wrongdoing. The communication was directed against Morocco. The Commission considered the matter at its Seventh Ordinary Session held from 18 to 28 April 1990 in Banjul, The Gambia.

Issues

  1. Whether the African Commission has jurisdiction to consider a communication directed against a state that is not party to the African Charter.

Orders

  • Communication declared inadmissible.

Rules and key headnotes

Human Rights — Jurisdiction — African Commission on Human and Peoples' Rights — Admissibility of Communications Against Non-Party States
The African Commission on Human and Peoples' Rights lacks jurisdiction to consider communications directed against states that are not party to the African Charter on Human and Peoples' Rights.

Legislation cited (2)

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

Full judgment

↓ Download PDF

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

Houver v Morocco (Communication 41 of 1990) [1990] ACHPR 5 (28 April 1990)
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.