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Union National De Liberation De Cabinda v Angola (Communication 24 of 1989) [1989] ACHPR 2 (14 April 1989)
- Citation
- [1989] ACHPR 2
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- African Commission on Human and Peoples Rights
- Posture
- Communication / Admissibility
- Case number
- Communication 24 of 1989
- Language
- English
More details
- Court
- African Commission on Human and Peoples Rights
- Posture
- Communication / Admissibility
- Case number
- Communication 24 of 1989
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The African Commission lacks jurisdiction to consider communications against States that have not ratified or acceded to the African Charter on Human and Peoples' Rights. Since Angola is not a party to the Charter, the communication is inadmissible under Article 101 of the Commission's Rules of Procedure. The Commission's mandate is limited to States parties, and it cannot entertain complaints against non-member States regardless of the substance of the allegations.
Court disposition
communication declared inadmissible
Orders
- The communication is inadmissible under Article 101 of the Rules of Procedure.
02
Material facts
Parties
Union National de Liberation de Cabinda
ApplicantAngola
Respondent03
Procedural history
Posture
Communication / Admissibility
04
Questions and positions
Legal issues
- 01
Whether the African Commission has jurisdiction to consider a communication against a State not party to the African Charter on Human and Peoples' Rights.
- 02
Whether the alleged denial of self-determination by Angola is admissible before the Commission.
Party arguments
- Applicant
- The applicant alleged denial of the right to self-determination by Angola, seeking the Commission's intervention under the African Charter on Human and Peoples' Rights.
- Respondent
- Angola did not submit arguments, as the communication was dismissed at the admissibility stage due to Angola not being a party to the Charter.
05
Court’s reasoning
Legal principles
- 01
Article 101 of the Rules of Procedure of the African Commission on Human and Peoples' Rights
A communication is inadmissible if directed against a State not party to the African Charter on Human and Peoples' Rights.
06
Ratio, limits and disposition
Ratio decidendi
The African Commission lacks jurisdiction to consider communications against States that have not ratified or acceded to the African Charter on Human and Peoples' Rights. Since Angola is not a party to the Charter, the communication is inadmissible under Article 101 of the Commission's Rules of Procedure. The Commission's mandate is limited to States parties, and it cannot entertain complaints against non-member States regardless of the substance of the allegations.
Court disposition
communication declared inadmissible
- The communication is inadmissible under Article 101 of the Rules of Procedure.
Source and reliance status
African Commission on Human and Peoples Rights
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
African Commission on Human and Peoples Rights
Judgment
3-14 April 1989 Communication No. 24/89
AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS Fifth Ordinary Session 3-14 April 1989
UNION NATIONAL DE LIBERATION DE CABINDA v. ANGOLA
DECISION
Citation: Union Nat'l De Liberation De Cabinda v. Angl., Comm. 24/89, 7th ACHPR AAR Annex IX (1993-1994)
Publications: IHRDA, Compilation of Decisions on Communications of the African Commission On Human and Peoples' Rights Extracted from the Commission's Activity Reports 1994-2001, at 10 (2002); Documents of the African Commission on Human and Peoples' Rights, at 342 (Malcolm D. Evans & Rachel Murray eds., 2001)
COMMUNICATION ON ALLEGED DENIAL OF SELF-DETERMINATION, DATED APRIL 2, 1988
[1] The African Commission on Human and Peoples' Rights, established under article 30 of the African Charter on Human and Peoples' Rights;
[2] Meeting at its fifth ordinary session held from 3 to 14 April 1989;
[3] Considering that the communication is directed against a State which is not a party to the African Charter on Human and Peoples' Rights;
[4] Declares the communication inadmissible" (Article 101 of the Rules of Procedure).
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