Uganda Case Law

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…

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

Abdlhafid v Republic of Tunisia (Application No. 033/2018)

Abdlhafid v Republic of Tunisia (Application No. 033/2018) [2021] AfCHPR 36 (25 June 2021)

Court

African Court on Human and Peoples Rights

Case number

Application No. 033/2018

Judge

Aboud P, Anukam J, Bensaoula J, Chizumila J, Kioko J, Mengue J, Mukamulisa J, Ntsebeza J, Sacko J, Tchikaya VP

The Court found that the applicant did not exhaust local remedies prior to filing the application, as proceedings regarding abuse of power were still pending before the Tunisian Administrative Court at the time of filing. The Court held that the time elapsed (one year, four months, and fifteen days) was not unduly prolonged and that the applicant should have awaited a final domestic decision before approaching the African Court. As exhaustion of local remedies is a cumulative and mandatory admissibility requirement under Article 56 of the Charter and Rule 50(2) of the Rules, the failure to me…

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• Judicial Independence
• Exhaustion Of Local Remedies
• State Sovereignty
• Access To International Justice
• Admissibility Requirements
• Impartiality Of Judges

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…

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• Treaty Withdrawal
• Jurisdiction Of International Courts
• State Sovereignty
• Human Rights Enforcement

Association Pour La Sauvegarde De La Paix Au Burundi v Tanzania and Others (Communication 157 of 1996)

Association Pour La Sauvegarde De La Paix Au Burundi v Tanzania and Others (Communication 157 of 1996) [2003] ACHPR 40 (29 May 2003)

Court

African Commission on Human and Peoples Rights

Case number

Communication 157 of 1996

The African Commission held that regional sanctions imposed on Burundi after the 1996 coup did not violate the African Charter, and found the respondent states not guilty.

• Economic Embargo
• State Sovereignty
• Regional Sanctions
• Human Rights Obligations
• International Intervention
• Economic-sanctions