Registrar of the African Court chats the role of CSOs in promoting the mission of the Court with CHRDA staff
4 min read
The existence of the African Court on Human and Peoples’ rights has been questioned and continue to be questioned by scholars and citizens of the African continent. This is because it has existed for years and states hardly implement its decisions/judgements. The African Court on Human and Peoples’ Rights (the Court) is a continental court established by African countries to ensure the protection of human and peoples’ rights in Africa. It complements and reinforces the functions of the African Commission on Human and Peoples’ Rights.
According to Dr. Robert Eno, the registrar of the African Court during his visit to the Centre for Human Rights and Democracy in Africa (CHRDA) on 28 December 2020, “The Civil Society Organizations (CSOs) from Cameroon and beyond have a vital role to play in easing the functioning of the African Court on Human and Peoples’ Rights.” Barrister Agbor Nkongho, CHDA president also reiterated on the need for Human Rights defenders and Civil Society Organizations to continue to create awareness on the existence of the African Court and its function towards the promotion and protection of Human Rights.
Article 1 of the Protocol to the African Charter on the establishment of an African Court on Human and Peoples’ Rights established the African Court on human and peoples’ rights. The protocol was adopted by members states of the then Organization of African Unity (OAU) in Ouagadougou, Burkina Faso, in June 1998. The Court complements and reinforces the function of the African Commission on Human and Peoples’ Rights. The Protocol came into force in January 2004 and in 2006; it went operational. Its headquarters is in Arusha, Tanzania.
The Court has two jurisdiction that is the contentious and advisory jurisdiction. The Contentious Jurisdiction applies to all cases and disputes submitted to it in respect of the interpretation and application of the African Charter on Human and Peoples’ Rights, (the Charter), the Protocol, and any other relevant human rights instrument ratified by the States concerned. While the Advisory Jurisdiction of the Court may, at the request of a Member State of the African Union (AU), the AU, any of its organs or any African organizations recognized by the AU, give an opinion on any other legal matter relating to the Charter. The opinion may also be on any other relevant human rights instruments, if the subject matter of the opinion is not related to a matter being examined by the Commission.
The Court may receive cases filed by the African Commission of Human and Peoples’ Rights, State Parties to the Protocol, or African Intergovernmental Organizations. Non-Governmental Organizations with observer status with the African Commission and individuals can file cases directly at the Court as long as the State that they are suing has deposited the Article 34(6) declaration recognizing the jurisdiction of the Court to accept cases from individuals and NGOs.
At least thirty-one (31) states have ratified the protocol. These states include Algeria, Benin, Burkina Faso, Burundi, Cameroon, Chad, Côte d’Ivoire, Comoros, Congo, Democratic Republic of Congo, Gabon, The Gambia, Ghana, Kenya, Libya, Lesotho, Mali, Malawi, Mozambique, Mauritania, Mauritius, Nigeria, Niger, Rwanda, Sahrawi Arab Democratic Republic, South Africa, Senegal, Tanzania, Togo, Tunisia, and Uganda. Only six (6) out of the 31 states have deposited the declaration recognizing the competence of the Court to receive cases directly from NGOs, and individuals. These states include Burkina Faso, The Gambia, Ghana, Mali, Malawi, and Tunisia.
Since the declaration clause is a hinder to the smooth functioning of the court in promoting and protecting human rights and the rule of law, it is worthy to note that NGOs and individual can submit cases directly to the court, the African Commission on Human and Peoples’ Rights can channel cases from individuals and NGOs to the court. Upon the discretion of the Commission, they may submit the case to the Court or address it, according the registrar, Dr. Robert Eno
The Court is composed of eleven judges who are nationals of the Member States of the African Union. The first Judges of the Court were elected in January 2006 in Khartoum, Sudan. They were sworn in before the 7th Assembly of Heads of State and Government of the African Union on 2nd July 2006 in Banjul, Gambia. Upon nomination by their respective States, the Judges of the Court are elected, in their individual capacities, from among African jurists of proven integrity and of recognized practical, judicial, or academic competence and experience in the field of human rights. The Judges are elected for a six-year term, renewable once. According to Dr. Robert Eno, since judgments remains forever it decision can be implemented upon the change of regime or government unlike opinions from the African commission
Berinyuy Cajetan is the founder and publisher of Human Rights and Legal Research Centre (HRLRC) since 2017. He has intensive experience in strategic communications for Civil Society Organizations, campaign and advocacy, and social issues. He has an intensive experiencing in human rights monitoring, documentation and reporting.
