African Court on Human and Peoples' Rights

African Court on Human and Peoples' Rights
African Union - supranational union in Africa · Public domain · source
Court name	African Court on Human and Peoples' Rights
Established	2006
Jurisdiction	African Union member states
Location	Arusha, Tanzania
Authority	Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights
Appeals	None
Terms	6 years, renewable once
Positions	11
Chiefjudgename	Imani Daud Aboud
Chiefjudgestart	2021
Website	https://www.african-court.org/

African Court on Human and Peoples' Rights. The African Court on Human and Peoples' Rights is a continental judicial body established by member states of the African Union to complement and reinforce the protective mandate of the African Commission on Human and Peoples' Rights. Based in Arusha, Tanzania, its primary function is to adjudicate alleged violations of human rights enshrined in the African Charter on Human and Peoples' Rights and other relevant instruments. The Court's establishment marked a significant evolution in the African human rights system, aiming to provide a binding judicial mechanism for the promotion and protection of fundamental freedoms across the continent.

History and establishment

The impetus for creating a judicial human rights body in Africa gained momentum following the adoption of the African Charter on Human and Peoples' Rights in 1981, which initially established only the quasi-judicial African Commission on Human and Peoples' Rights. The Organization of African Unity, the predecessor to the African Union, adopted the foundational Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights in 1998 during a summit in Ouagadougou, Burkina Faso. The Protocol entered into force in 2004 after receiving the requisite fifteen ratifications, and the Court was officially inaugurated in 2006. Its first judges were elected in 2006 by the Assembly of Heads of State and Government of the African Union, with the inaugural session held in Addis Ababa, Ethiopia, before its permanent seat was established in Arusha.

Jurisdiction and functions

The Court exercises jurisdiction over all cases and disputes submitted to it concerning the interpretation and application of the African Charter on Human and Peoples' Rights, the Protocol on the Rights of Women in Africa, and any other relevant human rights instrument ratified by the states concerned. It has contentious jurisdiction to hear cases brought by the African Commission on Human and Peoples' Rights, state parties to the Protocol, and African intergovernmental organizations. Crucially, the Court can also receive cases from individuals and non-governmental organizations, but only if the respondent state has made a special declaration accepting this competence. Additionally, the Court may issue advisory opinions at the request of the African Union, its organs, or any African organization recognized by the African Union.

Composition and structure

The Court is composed of eleven independent judges who are nationals of African Union member states, elected in their individual capacity from among jurists of recognized competence and high moral character. Judges are elected for a single six-year term and may be re-elected once, with elections conducted by the Assembly of Heads of State and Government of the African Union. The Court elects a President and a Vice-President from among its members for a two-year term. The current President is Justice Imani Daud Aboud from Tanzania. The Registry, headed by the Registrar, serves as the administrative organ of the Court, responsible for its day-to-day functioning and judicial support services.

Relationship with the African Commission

The Court maintains a complementary relationship with the African Commission on Human and Peoples' Rights, as outlined in the Protocol and the Rules of Court. The African Commission can refer cases to the Court after consideration, and the Court may seek the Commission's opinion or invite it to participate in proceedings. This relationship is designed to create a cohesive African human rights system, where the Commission's promotional and protective work is reinforced by the Court's binding judicial authority. The two bodies also collaborate through joint meetings and have adopted a Supplementary Protocol to streamline their working methods.

Notable cases and impact

The Court has delivered several landmark judgments that have shaped human rights jurisprudence in Africa. In the case of *African Commission on Human and Peoples' Rights v. Republic of Kenya* (2017), the Court found violations of the rights of the Ogiek indigenous community, setting a significant precedent for indigenous peoples' rights. In *Ingabire Victoire Umuhoza v. Republic of Rwanda* (2017), the Court ruled on issues of fair trial and freedom of expression. Another impactful advisory opinion clarified the right to nationality and the obligation of states to prevent statelessness. These decisions have influenced national legal systems and underscored the Court's role in holding states accountable.

Challenges and criticisms

The Court faces significant operational and political challenges, including a low rate of ratification of the Protocol and, more critically, a very limited number of declarations allowing direct access by individuals and NGOs. Major states like Nigeria, Ethiopia, and South Africa have not made this declaration. The Court has also encountered direct political backlash, notably from Tanzania and Rwanda, which withdrew their declarations following unfavorable judgments. Financial constraints, dependence on the African Union budget, and low public awareness of its existence further impede its effectiveness and accessibility for potential petitioners across the continent.