Court
Court

The African Court on Human and Peoples’ Rights has settled 35 cases as at June 2017, whilst four cases had been transferred to the African Commission on Human and Peoples’ Rights, in accordance with Article 6(3) of the Protocol.

In addition, over 15 cases were received but not registered because they were filed either against non-state actors or non-African States; a Mid-term activity report of the African Court made available to CDA Consult in Accra has revealed.

The mid-term report indicates that during the period, the Court delivered one judgment, issued one Order and one Advisory Opinion, examined and deferred 120 Applications and five Requests for Advisory Opinion, for further consideration.

The Court is processing the pending matters before it in accordance with the relevant provisions of the Protocol and its Rules.

The Report also indicated that between January 1st, and June 30, 2017, the African Court organised seven public sittings, to hear oral arguments from parties, as well as deliver judgments, orders and rulings.

The African Court Mid-Term Activity Report captures events undertaken, in particular, the judicial, administrative and outreach activities, as well as the implementation of decisions of the Executive Council, relating to the functioning of the Court.

According to the Report only 30 member States of the African Union has ratified the Protocol as at June 30 this year.

The countries were: Algeria, Benin, Burkina Faso, Burundi, Cameroon, Chad, Congo, Côte d’Ivoire, Comoros, Gabon, The Gambia, Ghana, Kenya, Libya, Lesotho, Malawi, Mali, Mauritania, Mauritius, Mozambique, Niger, Nigeria, Uganda, Rwanda, Sahrawi Arab Democratic Republic, Senegal, South Africa, Tanzania, Togo and Tunisia.

The African Court expressed concern that out of the 30 State Parties to the Protocol, only eight: Benin, Burkina Faso, Côte d’Ivoire, Ghana, Malawi, Mali, Tanzania and Tunisia, have made the declaration accepting the jurisdiction of the Court to receive cases from individuals and non-governmental organizations (NGOs).

The African Court was established in terms of Article 1 of the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights (hereinafter referred to as “the Protocol”), adopted on 9 June 1998, in Ouagadougou, Burkina Faso, by the then Organization of African Unity (OAU). The Protocol entered into force on 25 January 2004.

The African Court became operational in 2006 and is composed of eleven Judges appointed by the Assembly of Heads of State and Government of the African Union.

The Seat of the African Court is in Arusha, the United Republic of Tanzania.

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Source: CDA Consult