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Institute for Human Rights and Development in Africa v Republic of Angola (Communication 292 of 2004)

African Commission on Human and Peoples' Rights · [2008] ACHPR 83 · 2008 Petition Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Communication filed before the African Commission alleging human rights violations arising from mass arrest, detention and deportation of Gambian nationals from Angola
Decision
Communication declared admissible and decided on the merits in favour of the complainants; violations found on nine of ten articles alleged; recommendations issued for remedial measures and institutional reforms

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Commission found Angola violated Articles 1, 2, 5, 6, 7(1)(a), 12(4), 12(5), 14 and 15 of the African Charter through its mass arrest, detention and deportation of Gambian nationals under Operação Brilhante. The deportees were held in inhumane conditions, denied access to courts, deprived of property, and expelled without due process. The Commission found no violation of Article 3(2) for lack of evidence of differential treatment. Angola was ordered to remedy the violations and implement procedural safeguards for future deportations.

Outcome

Communication declared admissible and decided on the merits in favour of the complainants; violations found on nine of ten articles alleged; recommendations issued for remedial measures and institutional reforms

Facts

In 2004, Angola implemented Operação Brilhante, a campaign to expel foreigners, particularly from diamond mining areas. An estimated 126,247 foreigners were deported. Mr Esmaila Connateh and 13 other Gambians, who held valid passports, visas, residence and work permits, were arbitrarily arrested in their homes and at checkpoints by Angolan Armed Forces. No arrest warrants were issued and no reasons given. Their official documents were confiscated or destroyed. They were detained for weeks to months in centres at Cafunfu, Kisangili, Saurimo and Launda under inhumane conditions—facilities previously used for animals, severe overcrowding, inadequate sanitation (two buckets for 500 detainees), lack of food and medical care, and physical beatings. Property including cash, electronics and personal effects was confiscated. The victims were given no opportunity to challenge their detention or deportation in court before being expelled from Angola in March, April and May 2004.

Issues

  1. Whether the mass arrest, detention and deportation of Gambian nationals from Angola violated their right to equal protection of the law under Article 3(2) of the African Charter.
  2. Whether the conditions of detention and treatment of the deportees violated their right to dignity and freedom from cruel, inhuman or degrading treatment under Article 5 of the African Charter.
  3. Whether the arrests and detentions without warrant or reasons given constituted arbitrary arrest in violation of Article 6 of the African Charter.
  4. Whether the denial of access to courts to challenge the arrests, detention and deportation violated the right to have one's cause heard under Article 7(1)(a) of the African Charter.
  5. Whether the deportations were carried out in accordance with law and due process as required by Article 12(4) of the African Charter.
  6. Whether the expulsions constituted prohibited mass expulsion under Article 12(5) of the African Charter.
  7. Whether the confiscation of property without opportunity for recourse violated the right to property under Article 14 of the African Charter.
  8. Whether the deportations violated the right to work under Article 15 of the African Charter.
  9. Whether the targeting of foreigners for arrest and deportation constituted discrimination in violation of Article 2 of the African Charter.
  10. Whether Angola failed to recognise and give effect to Charter rights in violation of Article 1 of the African Charter.

Orders

  • The African Commission finds the Respondent State in violation of Articles 1, 2, 5, 6, 7(1)(a), 12(4), 12(5), 14 and 15 of the African Charter.
  • The African Commission holds that there was not enough evidence to establish a violation of Article 3 of the Charter.
  • The Respondent State should take necessary measures to redress the violations, taking into account its obligations under Article 1 of the African Charter.
  • The Republic of Angola should ensure its immigration policies do not discriminate on the basis of race, colour, descent, national or ethnic origin.
  • Angola should ensure all detained persons receive proper medical examination, treatment and care.
  • Angola should ensure regular supervision of places of detention by qualified persons or organisations.
  • Angola should put in place mechanisms allowing detained persons access to effective complaint procedures.
  • Angola should establish procedural safeguards guaranteeing effective access to competent authorities for all persons deprived of liberty.
  • Angola should establish a Commission of Inquiry to investigate the circumstances of the expulsions and ensure payment of adequate compensation.
  • Angola should institute safeguards to ensure individuals are not deported to countries where they might face torture or risk to life.
  • Angola should allow representatives of the African Commission, international organisations, ICRC, NGOs and consulates access to detainees and places of detention.
  • Angola should institute human rights training programmes for law enforcement agencies on non-discrimination, due process and rights of detainees.
  • The Republic of Angola should report back to the African Commission on measures taken to implement these recommendations.

Rules and key headnotes

Mass Expulsion — Prohibition under African Charter — Article 12(5)
Mass expulsion of non-nationals is prohibited under Article 12(5) of the African Charter. Mass expulsion is that which is aimed at national, racial, ethnic or religious groups. The fact that deportees were arrested over several months at different places and may have received deportation orders on different dates does not negate the en masse element of the expulsions where the expulsions form part of a coordinated government campaign targeting foreigners.
Deportation — Due Process Requirements — Article 12(4)
A non-national legally admitted in a State Party's territory may only be expelled by virtue of a decision taken in accordance with law. Due process requires that deportees be afforded the opportunity to challenge the deportation order before competent authorities, have their cases reviewed, and have access to legal counsel. Deportations carried out without such procedural safeguards violate Article 12(4) of the African Charter.
Detention Conditions — Cruel, Inhuman or Degrading Treatment — Article 5
The terms 'cruel, inhuman or degrading punishment or treatment' under Article 5 of the African Charter are to be interpreted to extend the widest possible protection against abuses, whether physical or mental. Detention in facilities previously used for animals, severe overcrowding, inadequate sanitation, lack of food and medical care, and physical beatings constitute cruel, inhuman and degrading treatment in violation of Article 5.
Arbitrary Arrest — Prohibition — Article 6
The prohibition of arbitrary arrest under Article 6 of the African Charter requires that persons arrested be informed at the time of arrest, in a language they understand, of the reason for arrest and be informed promptly of any charges. Arrests carried out without warrant and without informing the arrested persons of the reasons constitute arbitrary arrest in violation of Article 6.
Right to Fair Hearing — Access to Courts — Article 7(1)(a)
Article 7(1)(a) of the African Charter guarantees every individual the right to have his cause heard, including the right to appeal to competent national organs against acts violating fundamental rights. Where persons are detained and deported in circumstances that make it impossible to access courts or engage a lawyer to challenge the detention and deportation, there is a violation of Article 7(1)(a).
Exhaustion of Local Remedies — Exception for Mass Expulsions
The requirement to exhaust local remedies under Article 56(5) of the African Charter is not a strict requirement that must always be met. Where persons are rounded up, detained and deported in a manner that denies them the opportunity to gather personal belongings or seize appropriate authorities to challenge the detention and expulsion, and where they are no longer in the territory where the action arose and unable to return to seek redress, this constitutes constructive exhaustion of domestic remedies.
Non-Discrimination — Rights of Non-Nationals — Article 2
Article 2 of the African Charter prohibits discrimination and requires that rights under the Charter be enjoyed by all without discrimination, by citizens and non-national residents alike. Although some rights are reserved for citizens, human rights are in principle to be enjoyed by all persons. A State's right to expel individuals is not absolute and is subject to restraints, including a bar against discrimination based on national origin. Government action targeting foreigners or non-nationals for arrest and deportation violates Article 2.

Legislation cited (13)

  • 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 5
  • African Charter on Human and Peoples' Rights Article 6
  • African Charter on Human and Peoples' Rights Article 7(1)(a)
  • African Charter on Human and Peoples' Rights Article 12(4)
  • African Charter on Human and Peoples' Rights Article 12(5)
  • 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 56(5)
  • African Charter on Human and Peoples' Rights Article 60
  • African Charter on Human and Peoples' Rights Article 61

Cases cited (20)

  • Social and Economic Rights Action Center v Federal Republic of Nigeria (Communication 155 of 1996)
  • Union Inter Africaine des Droits de l'Homme v Republic of Angola (Communication 159 of 1996)
  • Recontre Africaine pour la Defense des Droits de l'Homme v Republic of Zambia (Communication 71 of 1992)
  • Civil Liberties Organisation v Federal Republic of Nigeria (Communication 87 of 1993)
  • Civil Liberties Organisation v Federal Republic of Nigeria (Communication 101 of 1993)
  • Rights International v Federal Republic of Nigeria (Communication 215 of 1998)
  • Brown v Board of Education of Topeka (347 US 483)
  • Media Rights Agenda v Federal Republic of Nigeria (Communication 224 of 1998)
  • Huri-Laws v Nigeria (Communication 225 of 1998)
  • Constitutional Rights Project v Nigeria (Communications 143 of 1995 and 150 of 1996)
  • John D Ouko v Kenya (Communication 232 of 1999)
  • Free Legal Assistance Group v Zaire (Communications 25 of 1989, 47 of 1990, 56 of 1991, 100 of 1993)
  • Civil Liberties Organisation v Nigeria (Communication 151 of 1996)
  • Kelly v Jamaica (Communication 253 of 1987)
  • Kalenga v Zambia
  • Amnesty International v Sudan (Communications 48 of 1990, 50 of 1991, 52 of 1991, 89 of 1993)
  • Krishna Achuthan v Malawi (Communications 78 of 1992 and 64 of 1992)
  • Purohit and Moore v The Gambia (Communication 241 of 2001)
  • Sir Dawda K Jawara v The Gambia (Communications 147 of 1995 and 149 of 1995)
  • Avocats Sans Frontières v Burundi (Communication 231 of 1999)

Full judgment

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Institute for Human Rights and Development in Africa v Republic of Angola (Communication 292 of 2004) [2008] ACHPR 83 (22 May 2008)
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.