247/02 IHRDA (on behalf of Jean Simbarakiye) / Democratic Republic of Congo

Brief Facts

The Institute for Human Rights and Development in Africa (IHRDA) filed communication 247/02 (on behalf of Jean Simbarakiya) against DRC before the African Commission on Human and Peoples’ Rights (ACmHPR). A resolution passed by the DRC parliament warranted the termination of employment contracts of Burundians in DRC without notice or compensation. Mr. Simbarakiya due moral and material constraint could not pursue the issue at national level. However Mr Simbarakiya did not present any evidence to support the reasons why he did not exhaust local remedies.

Issues

– Whether local remedies were exhausted by complainant

–Whether exemption from exhaustion of local remedies rule applies to refugees en masse or individuals.

Alleged violations of the African Charter on Human and Peoples’ Rights

Article 1 Obligation of member states to give effect to the African Charter

Article 2 Freedom from Discrimination

Article 3 Right to equality before the law and equal protection of the law

Article 7 Right to Fair Trial

Article 14 Right to property

Article 15 Right to work

Article 18 Protection of the Family and vulnerable Groups

Status of the case

The case was declared inadmissible at the 33rd Ordinary Session of ACmHPR, because the compliant did not concur with the admissibility requirement under Article 56(5).

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