Wakilii

Mouvement Des Refugies Mauritaniens Au Senegal v Senegal (Communication 162 of 1997)

African Commission on Human and Peoples' Rights · [1997] ACHPR 4 · 1997 Communication Inadmissible 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 refugee rights by Senegal
Decision
Communication dismissed for failure to meet admissibility requirements

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Commission declared the communication inadmissible. The complainant failed to demonstrate exhaustion of local remedies as required by Article 56(5) of the African Charter and did not identify which provisions of the Charter the respondent State allegedly violated. The facts presented did not prima facie establish State responsibility.

Outcome

Communication dismissed for failure to meet admissibility requirements

Facts

The complainant alleged that during October 1996 operations in Podor region, Mauritanian refugees were targeted by Senegalese security forces, arrested, and subjected to humiliating treatment during identity checks. Green cards issued by Senegal were allegedly not recognized. A group of Mauritanian refugees were arrested in Mboumba and Morphil Island and held at Central Prison in Saint Louis while Senegalese nationals arrested with them were released. Senegal responded that most refugees voluntarily returned to Mauritania after UNHCR stopped food distribution in December 1995, those remaining moved freely across the border, and four named refugees arrested for alleged involvement in murder of a Mauritanian officer were released for lack of evidence.

Issues

  1. Whether the communication satisfied the admissibility requirements under Article 56(5) of the African Charter, specifically the exhaustion of local remedies.
  2. Whether the complainant adequately identified provisions of the African Charter allegedly violated by the respondent State.

Orders

  • Communication declared inadmissible.

Rules and key headnotes

Human Rights — Admissibility of Communications — Exhaustion of Local Remedies
Under Article 56(5) of the African Charter on Human and Peoples' Rights, communications shall be considered only after exhausting local remedies unless it is obvious that this procedure is unduly prolonged. A complainant who fails to demonstrate that local remedies have been exhausted or that such remedies are unavailable or unduly prolonged fails to meet the admissibility threshold.
Human Rights — Admissibility of Communications — Identification of Charter Violations
A communication to the African Commission must identify the specific provisions of the African Charter on Human and Peoples' Rights allegedly violated by the respondent State. Failure to specify which Charter provisions have been breached renders the communication inadmissible.
Human Rights — Admissibility of Communications — Prima Facie Case of State Responsibility
For a communication to be admissible before the African Commission, the facts presented must prima facie demonstrate that the respondent State may be responsible for the alleged violations. Mere presentation of facts without establishing a prima facie case of State responsibility is insufficient.

Legislation cited (2)

  • African Charter on Human and Peoples' Rights art.55
  • African Charter on Human and Peoples' Rights art.56(5)

Full judgment

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

Mouvement Des Refugies Mauritaniens Au Senegal v Senegal (Communication 162 of 1997) [1997] ACHPR 4 (11 November 1997)
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.