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Mouvement Des Refugies Mauritaniens in Senegal v Senegal (Communication 254 of 2002)

African Commission on Human and Peoples' Rights · [2003] ACHPR 48 · 2003 Communication Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Communication to the African Commission alleging violation of the African Charter following ban on refugee demonstration
Decision
Communication dismissed as inadmissible

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Commission declared the communication inadmissible for failure to exhaust local remedies. The complainant alleged that Senegal violated the African Charter by banning a refugee demonstration but did not pursue available domestic remedies including appeal to higher administrative authorities or administrative law action through the Conseil d'Etat. The Commission found no proof that the complainant attempted to exhaust local remedies before bringing the communication.

Outcome

Communication dismissed as inadmissible

Facts

On 19 June 2002, the Prefect of Podor issued a decision banning a demonstration by Mauritanian refugees scheduled for 20-21 June 2002 in the towns of Madina Moussa, Diolly, Podor and Ngaolé. The demonstration was planned to commemorate International Refugee Day. The Prefect cited the need to maintain law and order as the reason for the ban. The complainant had sent the programme of the demonstration to various institutions including the African Commission, UN High Commissioner for Refugees, and local authorities. The complainant filed a communication with the African Commission alleging violations of the African Charter but did not challenge the Prefect's decision through available domestic legal channels.

Issues

  1. Whether the communication was admissible before the African Commission without exhaustion of local remedies in Senegal.

Orders

  • Communication declared inadmissible for non-exhaustion of local remedies.

Rules and key headnotes

Human Rights — Admissibility of Communications — Exhaustion of Local Remedies
A communication to the African Commission is inadmissible where the complainant has not exhausted available local remedies, including appeal to higher administrative authorities and administrative law action through the Conseil d'Etat, before bringing the matter to the Commission.
Administrative Law — Judicial Review — Available Remedies Against Administrative Decisions
An administrative decision banning a demonstration may be challenged through two domestic remedies: appeal to a higher administrative authority (including the Governor, Minister of Interior, Prime Minister, and President) or administrative law action through the Conseil d'Etat seeking cancellation of the decision for abuse of authority.

Legislation cited (8)

  • African Charter on Human and Peoples' Rights Article 5
  • African Charter on Human and Peoples' Rights Article 9
  • African Charter on Human and Peoples' Rights Article 11
  • African Charter on Human and Peoples' Rights Article 55
  • African Charter on Human and Peoples' Rights Article 56
  • African Charter on Human and Peoples' Rights Article 56.5
  • Institutional Act No. 92-24 of 30 May 1992
  • Code of Civil Procedure Article 729

Full judgment

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

Mouvement Des Refugies Mauritaniens in Senegal v Senegal (Communication 254 of 2002) [2003] ACHPR 48 (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.