Katangese Peoples Congress v Zaire (Communication 72 of 1992)

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.

Holding

The African Commission held that self-determination under Article 20(1) of the African Charter may be exercised through various forms including independence, federalism, or local government, but must be compatible with recognised principles of sovereignty and territorial integrity. In the absence of concrete evidence of human rights violations or denial of the right to participate in government under Article 13(1), the Katangese people must exercise self-determination in a manner compatible with Zaire's territorial integrity. The request for independence had no merit under the Charter.

Outcome

Communication dismissed with no finding of Charter violations

Facts

In 1992, Mr. Gerard Moke, President of the Katangese Peoples' Congress, submitted a communication to the African Commission requesting recognition of the Congress as a liberation movement, recognition of Katanga's independence, and assistance in securing Zaire's evacuation from Katanga. The claim was brought under Article 20(1) of the African Charter concerning the right to self-determination. No specific allegations of other human rights breaches were made beyond the claimed denial of self-determination. The communication sought self-determination specifically for the Katangese people rather than for all Zaireoise. No evidence was presented regarding whether the Katangese consist of one or more ethnic groups, nor was concrete evidence adduced of human rights violations or denial of the right to participate in government.

Issues

1. Whether the Katangese people are entitled to exercise self-determination through independence from Zaire under Article 20(1) of the African Charter on Human and Peoples' Rights.
2. Whether the right to self-determination can be exercised in a manner that overrides the sovereignty and territorial integrity of a member state of the OAU.

Orders

• Communication dismissed.
• The case holds no evidence of violations of any rights under the African Charter.
• The request for independence for Katanga has no merit under the African Charter on Human and Peoples' Rights.

Rules and key headnotes

Legislation cited (2)

• African Charter on Human and Peoples' Rights Article 20(1)
• African Charter on Human and Peoples' Rights Article 13(1)

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