African Human Rights Law Reports 2009

University Of Pretoria, The African Commission On Human, Centre For Human Rights, Peoples' Rights

Description

The African Human Rights Law Reports include cases decided by the United Nations human rights treaty bodies, the African Commission on Human and Peoples’ Rights, the African Court on Human and Peoples’ Rights, subregional courts in Africa and domestic judgments from different African countries. The Reports are a joint publication of the African Commission on Human and Peoples’ Rights and the Centre for Human Rights, University of Pretoria, South Africa. PULP also publishes the French version of these Reports, Recueil Africain des Décisions des Droits Humains.The Reports, as well as other material of relevance to human rights law in Africa, may be found on the website of the Centre for Human Rights at www.chr.up.ac.za. Hard copies of the Reports can be obtained from the Centre for Human Rights.Editorial changes have been kept to a minimum, and are confined to changes that are required to ensure consistency in style (with regard to abbreviations, capitalisation, punctuation and quotes) and to avoid obvious errors related to presentation.

Sujets

• Droit
• JUSTICE

Informations

• Publié par: PULP (Pretoria University Law Press)
• Date de parution: 01 janvier 2011
• Nombre de lectures: 0
• Langue: English
• Poids de l'ouvrage: 2 Mo

Extrait

AFRICAN HUMAN RIGHTS LAW REPORTS 2009

2011

African human rights law reports 2009

Published by:

Pretoria University Law Press (PULP)

The Pretoria University Law Press (PULP) is a publisher at the Faculty of Law, University of Pretoria, South Africa. PULP endeavours to publish and make available innovative, high-quality scholarly texts on law and related disciplines in Africa. PULP also publishes a series of collections of legal documents related to public law in Africa, as well as text books from African countries other than South Africa.

For more information on PULP, see www.pulp.up.ac.za

Printed and bound by: ABC Press Cape Town

To order, contact: PULP Faculty of Law University of Pretoria South Africa 0002 Tel: [phone] Fax: [phone] [e-mail] www.pulp.up.ac.az

ISSN: 1812-2418

© 2011

Editorial User guide Abbreviations

CONTENTS

Case law on the internet

TABLES AND INDEXES

Table of cases

Alphabetical table of cases

Subject index

International instruments referred to

International case law considered

African Commission decisions according to communication numbers

CASES

United Nations human rights treaty bodies

African Commission on Human and Peoples’ Rights

African Court on Human and Peoples’ Rights

Sub-regional courts

Domestic decisions

iii

v vi vii vii

ix xi xii xx xxx xxxvi

1 7 313 329 341

EDITORIAL

TheAfrican Human Rights Law Reportsinclude cases decided by the United Nations human rights treaty bodies, the African Commission on Human and Peoples’ Rights, the African Court on Human and Peoples’ Rights, sub- regional courts in Africa and domestic judgments from different African countries. TheReportsare a joint publication of the African Commission on Human and Peoples’ Rights and the Centre for Human Rights, University of Pretoria, South Africa. PULP also publishes the French version of these Reports, Recueil Africain des Décisions des Droits Humains. TheReports,as well as other material of relevance to human rights law in Africa, may be found on the website of the Centre for Human Rights at www.chr.up.ac.za. Hard copies of theReportscan be obtained from the Centre for Human Rights. Editorial changes have been kept to a minimum, and are confined to changes that are required to ensure consistency in style (with regard to abbreviations, capitalisation, punctuation and quotes) and to avoid obvious errors related to presentation. Cases from national courts that would be of interest to include in future issues of theReportsmay be brought to the attention of the editors at:

Centre for Human Rights Faculty of Law University of Pretoria, Pretoria 0002 South Africa Fax: + 27 12 362-5125 E-mail: [e-mail]

v

USER GUIDE

The cases and findings in theReportsare grouped together according to their origin, namely, the United Nations, the African Commission on Human and Peoples’ Rights, the African Court on Human and Peoples’ Rights, sub- regional courts and domestic courts.

TheSubject indexdivided into two parts — general principles or is procedural issues, and substantive rights. Decisions dealing with a specific article in an international instrument are to be found in the list of International instruments referred to. A table that listsInternational case law consideredis also included. In these tables case references are followed by the numbers of the paragraphs in which the instruments or cases are cited. A headnote, to be found at the top of each case, provides the full original title of the case as well as keywords noting the primary issues in the case. These are linked to the keywords in theSubject index. Keywords are followed by the numbers of the paragraphs in which a specific issue is dealt with. In instances where the original case contains no paragraph numbers these have been added in square brackets. The date at the end of a case reference refers to the date the case was decided. The abbreviation before the date indicates the jurisdiction.

vi

ACHPR ACtHPR CCPR ECOWAS HRC GhHC MwHC

ABBREVIATIONS

African Commission on Human and Peoples’ Rights African Court on Human and Peoples’ Rights International Covenant on Civil and Political Rights Economic Community of West African States United Nations Human Rights Committee High Court, Ghana High Court, Malawi

CASE LAW ON THE INTERNET

Case law concerning human rights in Africa may be found on the following sites: United Nations High Commissioner for Human Rights www.ohchr.org

African Commission on Human and Peoples’ Rights www.achpr.org

African Court on Human and Peoples’ Rights www.african-court.org Centre for Human Rights, University of Pretoria www.chr.up.ac.za Oxford Reports on International Law (ORIL) www.oxfordlawreports.com

Interights www.interights.org

Association des Cours Constitutionelles www.accpuf.org

Commonwealth Legal Information Institute www.commonlii.org

Southern African Legal Information Institute www.saflii.org

Court of Appeal, Nigeria www.courtofappeal.gov.ng

vii

Nigeria Internet Law Reports www.nigeria-law.org/LawReporting.htm

Constitutional Court, South Africa www.constitutionalcourt.org.za

viii

TABLE OF CASES

UNITED NATIONS HUMAN RIGHTS TREATY BODIES

Human Rights Committee

Democratic Republic of Congo Basongo Bondonga v Democratic Republic of Congo(2009) AHRLR 3 (HRC 2009)

AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS

Cameroon Gunme and Others v Cameroon(2009) AHRLR 9 (ACHPR 2009) Association of Victims of Post Electoral Violence and Interights v Cameroon(2009) AHRLR 47 (ACHPR 2009)

Kenya Centre for Minority Rights Development and Others v Kenya(2009) AHRLR 75 (ACHPR 2009)

Sudan Sudan Human Rights Organisation and Another v Sudan(2009) AHRLR 153 (ACHPR 2009) Darfur Relief and Documentation Centre v Sudan(2009) AHRLR 193 (ACHPR 2009) Doebbler v Sudan(2009) AHRLR 208 (ACHPR 2009)

Zimbabwe Zimbabwe Lawyers for Human Rights & Associated Newspapers of Zimbabwe v Zimbabwe(2009) AHRLR 235 (ACHPR 2009) Zimbabwe Lawyers for Human Rights & Institute for Human Rights and Development in Africa v Zimbabwe(2009) AHRLR 268 (ACHPR 2009) Scanlen and Holderness v Zimbabwe(2009) AHRLR 289 (ACHPR 2009)

AFRICAN COURT ON HUMAN AND PEOPLES’ RIGHTS

Senegal Yogogombaye v Senegal(2009) AHRLR 315 (ACtHPR 2009)

SUB-REGIONAL COURTS

ECOWAS Community Court of Justice Registered Trustees of the Socio-Economic Rights & Accountability Project (SERAP) v Nigeria(2009) AHRLR 331 (ECOWAS 2009)

ix

Table of cases x

DOMESTIC DECISIONS

Ghana Asare and Others v GA West District Assembly and Another(2009) AHRLR 343 (GhHC 2009)

Malawi Masangano v The Attorney-General(2009) AHRLR 353 (MwHC 2009)

ALPHABETICAL TABLE OF CASES

Asare and Others v GA West District Assembly and Another(2009) AHRLR 343 (GhHC 2009) Association of Victims of Post Electoral Violence and Interights v Cameroon (2009) AHRLR 47 (ACHPR 2009) Basongo Bondonga v Democratic Republic of Congo(2009) AHRLR 3 (HRC 2009) Centre for Minority Rights Development and Others v Kenya(2009) AHRLR 75 (ACHPR 2009) Darfur Relief and Documentation Centre v Sudan(2009) AHRLR 193 (ACHPR 2009) Doebbler v Sudan(2009) AHRLR 208 (ACHPR 2009) Gunme and Others v Cameroon(2009) AHRLR 9 (ACHPR 2009) Masangano v The Attorney-General(2009) AHRLR 353 (MwHC 2009) Registered Trustees of the Socio-Economic Rights & Accountability Project (SERAP) v Nigeria(2009) AHRLR 331 (ECOWAS 2009) Scanlen & Holderness v Zimbabwe(2009) AHRLR (ACHPR 2009) Sudan Human Rights Organisation and Another v Sudan(2009) AHRLR 153 (ACHPR 2009) Yogogombaye v Senegal(2009) AHRLR 315 (ACtHPR 2009) Zimbabwe Lawyers for Human Rights & Associated Newspapers of Zimbabwe v Zimbabwe(2009) AHRLR 235 (ACHPR 2009) Zimbabwe Lawyers for Human Rights & Institute for Human Rights and Development in Africa v Zimbabwe(2009) AHRLR 268 (ACHPR 2009)

xi