Hostname: page-component-77c89778f8-fv566 Total loading time: 0 Render date: 2024-07-16T12:36:24.625Z Has data issue: false hasContentIssue false

Tanganyika Law Society and the Legal and Human Rights Centre v. United Republic of Tanzania; Mtikila v. United Republic of Tanzania

African Court on Human and Peoples’ Rights.  14 June 2013 ; 13 June 2014 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

International tribunals — African Court on Human and Peoples’ Rights — Jurisdiction — Temporal jurisdiction — Date of entry into force of Protocol to African Charter on Human and Peoples’ Rights, 1998 — Continuing nature of alleged violations — Subject-matter jurisdiction under Article 3 of Protocol — Personal jurisdiction — Optional Declaration under Article 34(6) of Protocol — Admissibility of application — Exhaustion of local remedies — Whether application filed without undue delay

Human rights — Political rights — Right to non-discrimination — Freedom of association — Right to participate in public affairs — Tanzania barring independent candidates from standing for election to political office — Whether justification for any restrictions on exercise of rights — Relevance of international standards — Whether Tanzania violating Articles 2, 3, 10(2) and 13(1) of African Charter on Human and Peoples’ Rights, 1981

Relationship of international law and municipal law — Human rights — Treaties — Interpretation — African Charter on Human and Peoples’ Rights, 1981, Articles 13 and 60 — International Covenant on Civil and Political Rights, 1966, Article 27 — International Law Commission’s Articles on State Responsibility 2001, Article 32 — Tanzania’s obligations under international law — Whether domestic law justifying non-compliance with international obligations — Whether Tanzania violating Articles 2, 3, 10(2) and 13(1) of African Charter on Human and Peoples’ Rights — Whether Tanzania having obligation to provide reparation — Obligation under international law to provide adequate reparation where violation of international obligation caused harm — State responsibility — Customary norm — Article 27 of Protocol to Charter

Treaties — Application — Principle of non-retroactivity — African Charter on Human and Peoples’ Rights, 1981 — Protocol establishing the African Court on Human and Peoples’ Rights, 1998 — Jurisdiction of the Court — Whether extending to acts occurring before entry into force of Protocol — Relationship between substantive rights and obligations and institutional machinery for their enforcement

Damages — Reparations — Claim for damages for violations of African Charter on Human and Peoples’ Rights, 1981 — Pecuniary damages — Non-pecuniary or moral damages — State responsibility — Fundamental international law principle — Obligation to provide adequate reparation where violation of international obligation caused harm — Article 27 of Protocol to Charter — Evidence — Whether sufficient — Whether damage arising from facts of case and violations of Charter — Whether violation of Charter sufficient per se to establish material damage — Whether judgment on merits constituting sufficient reparation

Type
Case Report
Copyright
© Cambridge University Press 2011

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)