Union Nationale De Liberation De Cabinda v Angola (Communication 24 of 1989)
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 Angola, a state that was not party to the African Charter on Human and Peoples' Rights at the time. Under article 101 of the Rules of Procedure, the Commission lacks jurisdiction to consider communications against non-state parties to the Charter.
Outcome
Communication dismissed for lack of jurisdiction
Facts
On 2 April 1988, Union Nationale De Liberation De Cabinda filed a communication with the African Commission alleging denial of self-determination against Angola. At the time the communication was filed and considered, Angola was not a party to the African Charter on Human and Peoples' Rights. The Commission considered the communication at its fifth ordinary session held from 3 to 14 April 1989.
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 under article 101 of the Rules of Procedure.
Rules and key headnotes
Legislation cited (2)
- African Charter on Human and Peoples' Rights art.30
- Rules of Procedure of the African Commission art.101
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.