Wakilii

Institute for Human Rights and Development in Africa v Democratic Republic of Congo (Communication 247 of 2002)

African Commission on Human and Peoples' Rights · [2003] ACHPR 43 · 2003 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Communication to the African Commission on Human and Peoples' Rights alleging human rights violations
Decision
Communication declared inadmissible

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

Held that the communication was inadmissible for non-exhaustion of local remedies. The complainant left DRC in 1997 but did not bring the communication until 2002. There was no evidence he attempted to exhaust local remedies while in Togo, nor that his wife attempted remedies while she remained in DRC until 2002. The complainant failed to provide evidence of moral and material constraints preventing exhaustion of remedies. Article 56(5) requires exhaustion unless the procedure is unduly prolonged or remedies are unavailable in practice, neither of which was established.

Outcome

Communication declared inadmissible

Facts

Jean Simbarakiye, a Burundian refugee in DRC since 1974, was employed as a civil electrical engineer by ONATRA. In October 1996, the Haut Conseil de la République adopted Resolution No. 04/HCR6PT/96 terminating work contracts for all Rwandan, Burundian and Ugandan subjects. Pursuant to this resolution, Simbarakiye was dismissed on 3 January 1997 without notice or compensation solely for being of Burundi origin. He left DRC in June 1997 and took refuge in Togo. He made contact with DRC authorities in Togo and sent a letter to the DRC Minister of Justice in February 2000, but these efforts were unsuccessful. His wife remained in DRC until 2000 but her efforts were also unsuccessful. The communication was filed with the African Commission in April 2002, alleging violations of the African Charter.

Issues

  1. Whether the communication should be declared admissible where the complainant alleges inability to exhaust local remedies due to moral and material pressure.
  2. Whether the condition of exhaustion of local remedies under Article 56(5) of the African Charter applies where the complainant fled the respondent state and did not attempt remedies from abroad or through his wife who remained in the state.

Orders

  • Communication declared inadmissible for non-exhaustion of local remedies.

Rules and key headnotes

Human Rights — African Commission Procedure — Admissibility Requirements — Exhaustion of Local Remedies
Article 56(5) of the African Charter requires that communications be sent after exhausting local remedies unless it is obvious that the procedure is unduly prolonged, with the aim of enabling the respondent government to be aware of harmful effects of its actions and take corrective measures before being sued at an international forum.
Human Rights — African Commission Procedure — Exhaustion of Local Remedies — Theoretical and Practical Availability
A local remedy must be both theoretically and practically available and effective; such is the case when for objective reasons the complainant cannot take the case to courts of the respondent state in conditions that guarantee a fair trial.
Human Rights — African Commission Procedure — Burden of Proof — Showing Impossibility of Exhausting Remedies
Where a complainant alleges inability to exhaust local remedies due to moral and material constraints, the complainant must provide evidence showing such constraints actually prevented exhaustion of available remedies; mere allegation without supporting evidence is insufficient.
Human Rights — African Commission Procedure — Exhaustion of Local Remedies — Attempt from Abroad
Where a complainant flees the respondent state, the requirement of exhaustion of local remedies may include attempts to exhaust remedies from abroad or through representatives remaining in the state, where no evidence shows such attempts would be futile.

Legislation cited (8)

  • 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 3
  • African Charter on Human and Peoples' Rights Article 7
  • African Charter on Human and Peoples' Rights Article 14
  • African Charter on Human and Peoples' Rights Article 15
  • African Charter on Human and Peoples' Rights Article 18
  • African Charter on Human and Peoples' Rights Article 56(5)

Cases cited (6)

  • Annette Pagnoule on behalf of Abdoulaye Mazou v Cameroon (Communication 39 of 1990)
  • Alhassan Abubakar v Ghana (Communication 103 of 1993)
  • Dawda Jawara v The Gambia (Communications 147 of 1995 and 149 of 1996)
  • Free Legal Assistance Group and Others v Zaire (Communications 25 of 1989, 47 of 1990, 56 of 1991, 100 of 1994)
  • Rencontre Africaine pour la Défense des Droits de l'Homme v Zambia (Communication 71 of 1992)
  • Commission Nationale des Droits de l'Homme et des Libertés v Chad (Communication 74 of 1992)

Full judgment

↓ Download PDF

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

Institute for Human Rights and Development in Africa v Democratic Republic of Congo (Communication 247 of 2002) [2003] ACHPR 43 (29 May 2003)
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.