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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

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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

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