African Court on Human and Peoples' Rights
Introduction
The African Court on Human and Peoples' Rights (AfCHPR) is a continental judicial body established by African countries to ensure the protection of human and peoples' rights across the continent. It complements and reinforces the functions of the African Commission on Human and Peoples' Rights. The court was established by the Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights, which was adopted in Ouagadougou, Burkina Faso, in June 1998 and came into force on January 25, 2004.
Establishment and Mandate
The AfCHPR was created to enhance the protective mandate of the African Commission on Human and Peoples' Rights by providing a judicial mechanism for the enforcement of the African Charter on Human and Peoples' Rights. The court's primary mandate is to complement the protective mandate of the Commission by making binding decisions on cases brought before it. It has jurisdiction over all cases and disputes submitted to it concerning the interpretation and application of the African Charter, the Protocol, and any other relevant human rights instrument ratified by the states concerned.
Structure and Composition
The court is composed of eleven judges, nationals of member states of the African Union, elected in their individual capacities. The judges are elected by the Executive Council of the African Union and appointed by the Assembly of Heads of State and Government of the African Union. The judges serve for a six-year term and may be re-elected once. The President and Vice-President of the court are elected by the judges from among themselves and serve a two-year term, which may be renewed once.
Jurisdiction and Admissibility
The jurisdiction of the AfCHPR extends to all cases and disputes submitted to it concerning the interpretation and application of the African Charter, the Protocol, and any other relevant human rights instrument ratified by the states concerned. The court can receive cases from the African Commission, state parties to the Protocol, and African intergovernmental organizations. Additionally, non-governmental organizations with observer status before the Commission and individuals from states that have made a declaration accepting the court's jurisdiction can also submit cases directly to the court.
For a case to be admissible, it must meet several criteria, including the exhaustion of local remedies unless the process is unduly prolonged, and it must not be pending before another international tribunal. The court also ensures that the application is not anonymous and that it is not based exclusively on news disseminated through the mass media.
Procedures and Functioning
The court's procedures are governed by its Rules of Procedure, which outline the processes for filing applications, conducting hearings, and delivering judgments. The court holds four ordinary sessions a year, but it can hold extraordinary sessions if necessary. The proceedings are conducted in public unless the court decides otherwise for reasons of confidentiality or security.
The court's decisions are binding on the parties concerned, and the court has the power to issue provisional measures to prevent irreparable harm to persons in urgent cases. The court also has the authority to interpret its judgments and review them in light of new evidence.
Challenges and Criticisms
Despite its significant role in the protection of human rights in Africa, the AfCHPR faces several challenges. One of the main issues is the limited number of states that have made the declaration allowing individuals and NGOs to access the court directly. As of now, only a small fraction of the African Union member states have made such a declaration, limiting the court's accessibility.
Another challenge is the enforcement of the court's decisions. While the court's judgments are legally binding, the lack of a robust enforcement mechanism means that compliance relies heavily on the goodwill of states. This has led to instances where states have failed to implement the court's decisions, undermining its authority and effectiveness.
Impact and Achievements
Despite these challenges, the AfCHPR has made significant contributions to the advancement of human rights in Africa. The court has delivered landmark judgments that have set important precedents in the protection of human rights on the continent. It has addressed issues such as the rights of indigenous peoples, the prohibition of torture, and the right to a fair trial, among others.
The court has also played a crucial role in raising awareness about human rights issues in Africa and has contributed to the development of a human rights culture on the continent. Through its judgments and advisory opinions, the court has provided guidance to states on their human rights obligations and has encouraged the harmonization of national laws with international human rights standards.
Future Prospects
Looking ahead, the AfCHPR has the potential to play an even more significant role in the protection of human rights in Africa. Efforts are underway to increase the number of states that have made the declaration allowing direct access to the court, which would enhance its accessibility and effectiveness. Additionally, there is a growing recognition of the need to strengthen the enforcement of the court's decisions to ensure that they are implemented fully and effectively.
The court's continued success will depend on the support and cooperation of African states, civil society, and the international community. By working together, these stakeholders can help ensure that the AfCHPR fulfills its mandate and contributes to the realization of human rights for all Africans.