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2 Dec 2021

Constitutional Law [2021] AfCHPR 10

Hossou and Another v Republic of Benin (Application No. 016/2020)

Hossou and Another v Republic of Benin (Application No. 016/2020) [2021] AfCHPR 10 (2 December 2021)

Court: African Court on Human and Peoples Rights
Case number: Application No. 016/2020
Judge: Aboud P, Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Eno R, Kioko J, Mengue J, Mukamulisa J, Tchikaya VP

The Court determined that the declaration under Article 34(6) of the Protocol is a unilateral and optional act by a State, separable from the Protocol itself. The principle of State sovereignty in international law allows States to freely make and withdraw such commitments. The Vienna Convention on the Law of Treaties does not govern the withdrawal of unilateral declarations. The Court found that its jurisdiction is limited to interpreting and applying the Charter, the Protocol, and other relevant human rights instruments ratified by the Respondent State. However, the withdrawal of the Declar…

Source excerpt

State Sovereignty
Withdrawal Of International Declarations
Access To Regional Courts
Jurisdiction Of International Courts

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3 Jun 2016

Constitutional Law [2016] AfCHPR 30

Umuhoza v Republic of Rwanda (Ruling on Jurisdiction) (Application 003/2014)

Umuhoza v Republic of Rwanda (Ruling on Jurisdiction) (Application 003/2014) [2016] AfCHPR 30 (3 June 2016)

Court: African Court on Human and Peoples Rights
Case number: Application 003/2014
Judge: Ben Achour J, Bossa J, Guissè J, Kioko J, Matusse J, Niyungeko J, Orė J, Ouguergouz J, Ramadhani P, Tambala J, Thompson VP

The Court held that while the Protocol does not expressly provide for withdrawal of declarations under Article 34(6), such declarations are unilateral, optional acts of State sovereignty and may be withdrawn independently of the Protocol. However, the discretionary power to withdraw is not absolute; a notice period is required to ensure legal certainty and protect the rights of individuals and groups who may be affected. Drawing on international practice, including the Inter-American Court of Human Rights and the Vienna Convention, the Court determined that a one-year notice period is appropr…