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Questions and Answers
Aliyu Suleiman's application to the African Court on Human and Peoples' Rights alleges a violation related to what specific process?
Aliyu Suleiman's application to the African Court on Human and Peoples' Rights alleges a violation related to what specific process?
- The allocation of funding for human rights initiatives within the AU.
- The election of judges to the African Court.
- The nomination of candidates for Chairperson of the African Union Commission. (correct)
- The appointment of special rapporteurs on human rights.
According to the document, what was the Registry's initial response to Aliyu Suleiman's application against the AU and AUC?
According to the document, what was the Registry's initial response to Aliyu Suleiman's application against the AU and AUC?
- The Registry referred the application to the African Union for internal review.
- The Registry requested additional information from the applicant regarding the alleged violations.
- The Registry stated the Court lacked jurisdiction over the AU and AUC. (correct)
- The Registry immediately accepted the application and scheduled a hearing.
According to the document, under what conditions can the African Court on Human and Peoples' Rights exercise jurisdiction over a case?
According to the document, under what conditions can the African Court on Human and Peoples' Rights exercise jurisdiction over a case?
- When the case is brought by a non-governmental organization with observer status at the African Union.
- When the case involves serious violations of human rights, regardless of the respondent's status.
- When the case concerns the interpretation and application of human rights instruments ratified by the states concerned and the respondent is a State Party to the Protocol. (correct)
- When the case involves any citizen of an African Union member state.
What is the legal basis cited by the Court for its finding that it lacks jurisdiction in the case of Aliyu Suleiman v. The African Union and the African Union Commission?
What is the legal basis cited by the Court for its finding that it lacks jurisdiction in the case of Aliyu Suleiman v. The African Union and the African Union Commission?
Which article of the African Charter on Human and Peoples' Rights does the applicant, Aliyu Suleiman, allege was violated?
Which article of the African Charter on Human and Peoples' Rights does the applicant, Aliyu Suleiman, allege was violated?
In addition to the African Charter, which other international covenant does the applicant cite to support his claims of rights violations?
In addition to the African Charter, which other international covenant does the applicant cite to support his claims of rights violations?
What prior ruling does the Court reference to support its interpretation regarding international organizations and treaty obligations?
What prior ruling does the Court reference to support its interpretation regarding international organizations and treaty obligations?
According to the document, what specific action did the African Union take in February 2024 that led to the application by Aliyu Suleiman?
According to the document, what specific action did the African Union take in February 2024 that led to the application by Aliyu Suleiman?
Which of the following best describes the meaning of 'inter alia' as used in the context of the document?
Which of the following best describes the meaning of 'inter alia' as used in the context of the document?
What date did the pleadings close in this case?
What date did the pleadings close in this case?
Flashcards
The African Union (AU)
The African Union (AU)
A continental organization of African states established under the Constitutive Act of the AU, 2001.
African Union Commission (AUC)
African Union Commission (AUC)
The secretariat of the African Union, established in accordance with the provisions of the Constitutive Act.
Right to Participation
Right to Participation
The right of every African adult to participate freely in their governance.
Right to Genuine Elections
Right to Genuine Elections
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Court's Jurisdiction (Article 3)
Court's Jurisdiction (Article 3)
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Applications requirement to the court
Applications requirement to the court
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International Org. and Treaties
International Org. and Treaties
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Study Notes
- The matter of Aliyu Suleiman versus the African Union (AU) and the African Union Commission (AUC).
- The application number is 014/2024.
- The ruling was made on 12 February 2025.
Parties Involved
- Applicant: Aliyu Suleiman, a Nigerian national and advocate for social justice. Suleiman was represented by Prof P.L.O Lumumba, of Lumumba and Lumumba Advocates.
- Respondents: The African Union (AU) and the African Union Commission (AUC), with the Chairperson of the African Union Commission representing them.
Subject of the Application
- In February 2024, the AU sought applications for the position of Chairperson of the AUC, outlining requirements like leadership skills and a vision for Africa's Agenda 2063.
- Suleiman, though not a candidate, filed the case in the public interest due to alleged flaws in the pre-selection process regarding the vetting of nominated candidates' qualifications.
Alleged Violations
- Suleiman claimed a violation of the right of every African adult to participate freely in their governance, as per Article 13 of the African Charter on Human and Peoples' Rights, and Article 25 of the International Covenant on Civil and Political Rights (ICCPR), concerning the right to participate in public affairs and elections.
Procedure Before the Court
- The application was filed on 1 October 2024.
- The Registry informed the Applicant on 17 October 2024 about the Court's lack of jurisdiction over the AU and the AUC, as they were not State Parties to the Protocol to the African Charter.
- The Application was registered and served to the Respondents on 29 January 2025, but the respondents did not respond.
- Pleadings were closed on 10 February 2025.
Jurisdiction
- The Applicant asserted the Court's jurisdiction based on Articles 5(3) and 34(6) of the Protocol.
- The Court referenced Article 3 of the Protocol and Rule 49(1) of the Rules of Court, emphasizing its authority to examine its jurisdiction.
- According to Article 3, the Court's jurisdiction extends to cases involving the interpretation and application of the Charter and relevant human rights instruments ratified by the States concerned.
- Article 34(6) stipulates that applications must be filed against State Parties to the Protocol.
- The ruling referenced the Court's jurisprudence in Femi Falana v. Africa Union, emphasizing that international organizations not party to a treaty cannot be subject to its legal obligations, aligning with Article 34 of the 1986 Vienna Convention.
Operative Part
- The Court held that it manifestly lacks jurisdiction to consider the Application because it was filed against the AU and the AUC.
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