Wakilii

Parish v Indonesia (Communication 38 of 1990)

African Commission on Human and Peoples' Rights · [1990] ACHPR 8 · 1990 Communication Inadmissible AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Communication to the African Commission alleging human rights violations by a non-party state
Decision
Communication inadmissible for lack of jurisdiction over non-party state

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Commission declared the communication inadmissible on the ground that it was directed against Indonesia, a state non-party to the African Charter on Human and Peoples' Rights. The Commission has no jurisdiction over states that have not ratified the Charter.

Outcome

Communication inadmissible for lack of jurisdiction over non-party state

Facts

Wesley Parish filed a communication with the African Commission on Human and Peoples' Rights alleging illegalities committed by Indonesia. The communication was considered at the Commission's Seventh Ordinary Session held from 18 to 28 April 1990. Indonesia was not a party to the African Charter on Human and Peoples' Rights at the time.

Issues

  1. 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 under Article 101 of the Rules of Procedure.

Rules and key headnotes

Human Rights — Jurisdiction — African Commission — Ratione Personae
The African Commission on Human and Peoples' Rights has no jurisdiction to consider communications directed against states that are not party to the African Charter on Human and Peoples' Rights.

Legislation cited (2)

  • African Charter on Human and Peoples' Rights Article 30
  • Rules of Procedure of the African Commission Article 101

Full judgment

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

Parish v Indonesia (Communication 38 of 1990) [1990] ACHPR 8 (28 April 1990)
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.