Wakilii

Interights v Ethopia (Communication 233 of 1999)

African Commission on Human and Peoples' Rights · [2003] ACHPR 45 · 2003 Matter Suspended AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Human rights communication before the African Commission concerning alleged violations during the Ethiopia-Eritrea conflict
Decision
Matter suspended pending determination by the Ethio-Eritrean Claims Commission established under the Peace Agreement

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Commission suspended consideration of the communication sine die, finding that the matters raised were covered by the Ethio-Eritrean Claims Commission established under the Peace Agreement. The Commission held that the Claims Commission, bound to apply international law, fell within the bodies envisaged under Article 56(7) of the African Charter and was better suited to determine complex issues of citizenship and compensation.

Outcome

Matter suspended pending determination by the Ethio-Eritrean Claims Commission established under the Peace Agreement

Facts

During the 1998 Ethiopia-Eritrea conflict, thousands of persons were expelled from both countries based on their ethnic origin or nationality. Over 2,500 persons were forcibly expelled from Eritrea and dumped at the border in areas with active fighting and landmines. Between June 1998 and July 1999, more than 61,000 persons of Eritrean ethnic descent who were legal residents or citizens of Ethiopia were deported from Ethiopia. Thousands were arrested and interned under harsh conditions with no visitation rights, food, clothing or toilet facilities. Some Ethiopian women and girls were tortured and raped. Most deportees were subjected to cruel, inhuman and degrading treatment. Deportees were arbitrarily deprived of their property, with some forced to work without salaries, others forcibly evicted from rental accommodation, and many required to transfer property rights before deportation but given insufficient time to sell. Bank accounts were frozen and savings books destroyed. Parents and children were forcibly separated during deportations with no provision for care of children.

Issues

  1. Whether the communication was admissible under Article 56 of the African Charter.
  2. Whether the communication should be converted into a State-to-State proceeding under Articles 47-54 of the African Charter.
  3. Whether the matters raised in the communication were covered by the Peace Agreement between Ethiopia and Eritrea and the mandate of the Ethio-Eritrean Claims Commission.
  4. Whether Article 56(7) of the African Charter precluded the African Commission from considering the communication given the existence of the Claims Commission.

Orders

  • Communication 233/99 and 234/99 suspended sine die pending the decision of the Claims Commission.
  • Respondent States to keep the African Commission regularly informed of the process before the Claims Commission with particular reference to the matters contained in these communications.
  • Ethiopia and Eritrea requested to transmit a copy of the Claims Commission decision to the Secretariat of the African Commission as soon as delivered.
  • In the event that the Claims Commission does not fully address the human rights violations contained herein, the matter may be reopened for consideration.
  • Decision on the merits reserved.

Rules and key headnotes

Human Rights — Admissibility — Exhaustion of Local Remedies — Mass Deportations
Where mass deportations occur and victims are kept in detention prior to expulsion with no opportunity to contact families or attorneys, the requirement to exhaust local remedies under Article 56(5) of the African Charter does not apply as domestic remedies are not available as a practical matter.
Human Rights — Admissibility — Author Identification — NGO Communications
For purposes of Article 56(1) of the African Charter, it is sufficient if a communication submitted by an organisation bears the name of one of the organisation's representatives; the names of all representatives need not be provided.
Human Rights — Jurisdiction — Conversion of Communications — State-to-State Proceedings
The African Charter and Rules of Procedure do not provide for any procedure to convert non-State communications under Articles 55-57 into inter-state communications under Articles 47-54. The initiation of an inter-state complaint depends on the voluntary exercise of the sovereign will of a State party.
Human Rights — Admissibility — Article 56(7) — Settlement by Other Bodies
Article 56(7) of the African Charter precludes the African Commission from considering cases that have been settled by States in accordance with the principles of the UN Charter, OAU Charter or the African Charter. A Claims Commission established under a peace agreement that is bound to apply rules of international law and cannot make decisions ex aequo et bono falls within the bodies envisaged under Article 56(7).
Human Rights — Remedies — Monetary Compensation — Limitations of African Commission
Where the African Commission finds violations but is constrained in awarding compensation and would have to refer the matter to another body for quantum determination, and where that other body has jurisdiction and the matter would be time-barred if referred later, the Commission may suspend consideration pending the other body's determination.

Legislation cited (26)

  • 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 4
  • 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)
  • African Charter on Human and Peoples' Rights Article 12(1)
  • African Charter on Human and Peoples' Rights Article 12(2)
  • 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 16
  • African Charter on Human and Peoples' Rights Article 18(1)
  • African Charter on Human and Peoples' Rights Article 47
  • African Charter on Human and Peoples' Rights Article 54
  • African Charter on Human and Peoples' Rights Article 55
  • African Charter on Human and Peoples' Rights Article 56(1)
  • African Charter on Human and Peoples' Rights Article 56(5)
  • African Charter on Human and Peoples' Rights Article 56(6)
  • African Charter on Human and Peoples' Rights Article 56(7)
  • African Charter on Human and Peoples' Rights Article 57
  • Charter of the United Nations
  • Charter of the Organisation of African Unity
  • 1949 Geneva Conventions

Cases cited (3)

  • Recontre Africaine Pour la Defense des Droits de l'Homme v Zambia (Communication 71 of 1992)
  • Emgba Mekongo Louis v Cameroon (Communication 59 of 1991)
  • Constitutional Rights Project v Nigeria (Communication 60 of 1991)

Full judgment

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

Interights v Ethopia (Communication 233 of 1999) [2003] ACHPR 45 (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.