International PEN v Malawi (Communication 42 of 1990)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The African Commission on Human and Peoples' Rights declared a communication inadmissible because it was directed against Malawi, a State non-party to the African Charter. Under Article 101 of the Commission's Rules of Procedure, the Commission lacks jurisdiction to entertain communications against States that have not ratified the Charter.
Outcome
Communication dismissed for lack of jurisdiction
Facts
International PEN filed a communication dated 12 March 1990 with the African Commission on Human and Peoples' Rights alleging violations including denial of the right to life against Malawi. The Commission considered the communication at its Seventh Ordinary Session held in Banjul, The Gambia, from 18 to 28 April 1990. At its sitting on 25 April 1990, the Commission examined whether it had jurisdiction to entertain the communication.
Issues
- Whether the African Commission has jurisdiction to consider a communication directed against a State that is not party to the African Charter on Human and Peoples' Rights.
Orders
- Communication declared inadmissible.
Rules and key headnotes
Legislation cited (2)
- African Charter on Human and Peoples' Rights Article 30
- Rules of Procedure of the African Commission Article 101
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.