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Interights and Others v Mauritania (Communication 242 of 2001)

African Commission on Human and Peoples' Rights · [2004] ACHPR 56 · 2004 Petition Granted 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 violations of the African Charter arising from the dissolution of a political party
Decision
The African Commission found a violation of Article 10.1 of the African Charter and called on all Republican political forces in Mauritania to work towards reinforcement of healthy pluralist and democratic practice.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Commission held that the dissolution of the UFD/Ere nouvelle political party by Mauritania was not proportional to the nature of the breaches and offences committed by the party and therefore violated Article 10.1 of the African Charter (right to freedom of association). The Commission found that the communication was admissible as local remedies had been exhausted, and that the right to a fair hearing under Article 7.1.a had not been violated. The Commission observed that while the State had legitimate concerns about public order, it had other sanctions available short of dissolution.

Outcome

The African Commission found a violation of Article 10.1 of the African Charter and called on all Republican political forces in Mauritania to work towards reinforcement of healthy pluralist and democratic practice.

Facts

By Decree No. 2000/116.PM/MIPT dated 28 October 2000, the Prime Minister of Mauritania dissolved the UFD/EN, the main opposition party led by Mr Ahmed Ould Daddah. The dissolution was based on allegations that the party's leaders had damaged the country's image and interests, incited violence and intolerance, and organised demonstrations compromising public order. The party's assets were seized. On 25 December 2000, UFD/EN filed a motion for repeal before the Administrative Chamber of the Supreme Court, which dismissed the appeal on 14 January 2001 without detailed reasoning. Party leaders were subsequently arrested, harassed, and excluded from participating in elections. The complainants alleged violations of multiple provisions of the African Charter.

Issues

  1. Whether the communication was admissible before the African Commission, particularly whether local remedies had been exhausted.
  2. Whether the dissolution of the UFD/EN political party violated the right to a fair hearing under Article 7.1.a of the African Charter.
  3. Whether the dissolution of the UFD/EN political party violated the right to freedom of association under Article 10.1 of the African Charter.
  4. Whether the dissolution of the UFD/EN political party violated the right to freedom of expression under Article 9(2) of the African Charter.
  5. Whether the dissolution of the UFD/EN political party violated the right to participate in government under Article 13(1) of the African Charter.

Orders

  • Communication declared admissible.
  • The dissolution of UFD/Ere nouvelle political party by the Respondent State was not proportional to the nature of the breaches and offences committed by the political party and is therefore in violation of the provisions of Article 10.1 of the African Charter.

Rules and key headnotes

Admissibility — Exhaustion of Local Remedies — Extraordinary Remedies
The requirement to exhaust local remedies before bringing a communication to the African Commission refers to ordinary remedies of common law that are normally accessible to people seeking justice. Extraordinary legal remedies such as revision procedures, which exist only if specific conditions stipulated by law are fulfilled, do not constitute local remedies that must be exhausted.
Right to Fair Hearing — Two-Tier Proceedings — Supreme Court as First and Last Resort
Where national legislation confers exclusive jurisdiction on the Supreme Court to hear challenges to administrative decisions as a first and last resort due to the legal and political importance of the matter, the absence of a right of appeal to a higher court does not violate the right to a fair hearing under Article 7.1.a of the African Charter, provided the party had adequate opportunity to present its case.
Freedom of Expression and Association — Restrictions by National Legislation
While States have the right to regulate through national legislation the exercise of freedom of expression and the right of association as provided in Articles 9(2), 10(1), and 13(1) of the African Charter, such regulations must be compatible with the State's obligations under the Charter. International obligations should always have precedence over national legislation, and any restriction of Charter rights must conform to the provisions of the Charter.
Restrictions on Charter Rights — Legitimate Grounds and Proportionality
The only legitimate reasons for restricting rights and freedoms contained in the African Charter are those stipulated in Article 27(2), namely that rights shall be exercised with due regard to the rights of others, collective security, morality and common interest. Even where restrictions are based on legitimate public interest, they must be strictly proportional and absolutely necessary for the benefits to be realised.
Freedom of Association — Political Parties — Dissolution as Sanction
Freedom of expression and the right to association are closely linked because the protection of opinions and the right to express them freely constitute one of the objectives of the right of association. This amalgamation is particularly clear in the case of political parties, considering their essential role for the maintenance of pluralism and the proper functioning of democracy. A political party should not be dissolved for wanting to hold public debates, with due respect for democratic rules, on issues of national interest.
Proportionality of Sanctions — Dissolution of Political Party
Where a State has a range of sanctions available to address alleged breaches by a political party, the dissolution of the party must be strictly proportional to the nature of the breaches and offences committed. If lesser measures could have contained the alleged threat to public order, dissolution may violate Article 10.1 of the African Charter.

Legislation cited (20)

  • 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 7.1.a
  • African Charter on Human and Peoples' Rights Article 9(2)
  • African Charter on Human and Peoples' Rights Article 10(1)
  • African Charter on Human and Peoples' Rights Article 13
  • African Charter on Human and Peoples' Rights Article 13(1)
  • African Charter on Human and Peoples' Rights Article 14
  • African Charter on Human and Peoples' Rights Article 27(2)
  • African Charter on Human and Peoples' Rights Article 56
  • African Charter on Human and Peoples' Rights Article 56.5
  • Constitution of the Islamic Republic of Mauritania Article 11
  • Constitution of the Islamic Republic of Mauritania Article 18
  • Ordinance No.91.024 of 25 July 1991 (Mauritania) Article 4
  • Ordinance No.91.024 of 25 July 1991 (Mauritania) Article 25
  • Ordinance No.91.024 of 25 July 1991 (Mauritania) Article 26
  • Civil Commercial and Administrative Procedure Code (Mauritania) Article 197
  • Civil Commercial and Administrative Procedure Code (Mauritania) Article 198
  • Mauritanian Criminal Code Article 83

Cases cited (6)

  • Amnesty International v Zambia (Communication 212 of 1998)
  • Media Rights Agenda and Constitutional Rights Project v Nigeria (Communications 105 of 1993, 128 of 1994, 130 of 1994 and 152 of 1996)
  • Sir Dawda K. Jawara v The Gambia (Communications 147 of 1995 and 149 of 1996)
  • Communication 140/94
  • Ozgur Gundem v Turkey (European Court of Human Rights, 16 March 2000)
  • Ibrahim Aksoy v Turkey (European Court of Human Rights, 10 January 2001)

Full judgment

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Interights and Others v Mauritania (Communication 242 of 2001) [2004] ACHPR 56 (4 June 2004)
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.