AU: AFRICAN COURT

THE AFRICAN COURT COMPLEX

Three tribunals backed by legal instruments of African Union compete for the tag of the “African Court”. One has never been established. Another is fully operational while the third one, yet to be established – is proposed to incorporate the mandate of the first two.

The first one, the African Court of Justice was never established even though a protocol to establish it was adopted in 2003 and entered into force in 2003. Under Article 2.2 of the Protocol of the Court of Justice of the African Union, the Court was designated as the pre-eminent judicial organ of the AU with authority to rule on disputes over interpretation of AU treaties.

However, that protocol has been superseded by another protocol creating the African Court of Justice and Human Rightswhich is designed to incorporate the mandate of the African Court of Justice and that of the only existing and operational court of the AU, African Court on Human and Peoples' Rights. The merger protocol was adopted in 2008.

When operational, the African Court of Justice and Human Rights will have two chambers — one for general legal matters and one for rulings on the human rights treaties.  The united court will be based in Arusha, Tanzania. The fifteen State-members’ signatories needed to put it into force is yet to be obtained.

PROFILE OF THE ONLY EXISTING AFRICAN COURT: THE AFRICAN COURT ON HUMAN AND PEOPLES’ RIGHTS

The African Court on Human and Peoples' Rights (AfCHPR) is a regional court that came into being on January 25, 2004 in compliance with the African Charter on Human and Peoples' Rights after fifteen member states of AU had ratified the Protocol to the African Charter on Human and Peoples’ Rights Establishing the AfCHPR.

It is located in Arusha, Tanzania, within the complex housing the International Criminal Tribunal for Rwanda.

Among others, the AfCHPR

• Collect documents and undertake studies and researches on human and peoples’ rights matters in Africa;
• Lay down rules aimed at solving the legal problems relating to human and peoples’ rights;
• Ensure protection of human and peoples’ rights; and
• Interpret all the provisions of the Charter.

On January 22, 2006, the Eighth Ordinary Session of the Executive Council of the African Union elected the first elevenJudges of the African Court on Human and Peoples' Rights.

The Court had its first meeting on July 2-5, 2006.

JUDGMENTS

The first judgement of the Court was delivered on December 15, 2009: a finding that an application against Senegal was inadmissible.

JUDGES OF THE COURT

Judges of the African Court on Human and Peoples Right are normally elected for six-year terms and can be re-elected once. The President and Vice-President are elected to two-year terms.

Currently, one Nigerian, Elsie Nwanwuri Thompson, joins ten others as members of the Bench. She is the first Nigerian to serve on the Court.

	Name	State	Position	Elected	Term Ends
1	Gerard Niyungeko	Burundi	President	2006	2012
2	Sophia A.B. Akuffo	Ghana	Vice-President	2006	2012
3	Jean Mutsinzi	Rwanda	Member	2006	2012
4	Fatsah Ouguergouz	Algeria	Member	2010	2016
5	Elsie N. Thompson	Nigeria	Member	2010	2016
6	Sylvain Ore	Côte d'Ivoire	Member	2010	2016
7	Duncan Tambala	Malawi	Member	2010	2016
8	Augustino S.Ramadhani	Tanzania	Member	2010	2016
9	Modibo Tounty Guindo	Mali	Member	2006	2012
10	Bernard Ngoepe	South Africa	Member	2008	2014
11	Joseph N. Mulenga	Uganda	Member	2008	2014

Former Judges of the Court include:

	Name	State	Position	Elected	Term Ended
1	George W. Kanyeihamba	Uganda	Member	2006	2008
2	Jean Emile Somda	Burkina Faso	Member	2006	2008
3	Githu Muigai	Kenya	Member	2006	2010
4	Hamdi Faraj Fanoush	Libya	Member	2006	2010
5	El Hadji Guissé	Senegal	Member	2006	2010
6	Kelello Justina Mafoso-Guni	Lesotho	Member	2006	2010

JURIDICTION OF THE AFRICAN COURT ON HUMAN AND PEOPLES’ RIGHTS

The African Court on Human and Peoples' Rights complements the protective mandate of the African Commission on Human and Peoples' Rights. 

The Court has the competence to take final and binding decisions on human rights violations. Nigeria with twenty five (25) other Members States of the AU have ratified the Protocol establishing the Court. Others are: Algeria, Burkina Faso, Burundi, Cote d’Ivoire, Comoros, Congo, Gabon, Gambia, Ghana, Kenya, Libya, Lesotho, Mali, Malawi, Mozambique, Mauritania, Mauritius, Nigeria, Niger, Rwanda, South Africa, Senegal, Tanzania, Togo, Tunisia and Uganda.

Interestingly, Article 34(6) of The Protocol Establishing the Court requires that for individuals and Non Governmental Organizations to have direct access to the Court, the States should make a declaration accepting the competence of the Court to receive applications from these entities under Article 5(3) of the Protocol.

However, of the 26 member states that have ratified the protocol, only five of them have made the declaration. Nigeria is not one of them. The compliant States include which made this declaration are Burkina Faso, Ghana, Malawi, Mali and Tanzania.

BASIC DOCUMENTS OF THE COURT

The basic documents used by the Court include: the

• African Charter on Human and Peoples' Rights ("Banjul Charter") 
• Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights.
• Rules of Court
• Host Agreement between the Government of the United Republic of Tanzania and the African Union on the Seat of the African Court on Human and Peoples' Rights in Arusha, Tanzania

SOURCES OF LAW

The corpus that makes up the African system for the protection of human rights includes a variety of legal instruments characterised by specific African values such as the prominence of socio-economic and collective rights.

It also encompasses the Universal Human Rights System as many African States have also ratified human rights instruments of the United Nations.

Those legal instruments include:

·      African Charter on Human and Peoples' Rights ("Banjul Charter") Click here to check State Parties.

• African Charter on the Rights and Welfare of the Child Click here to check State Parties
• Protocol to the African Charter on the Rights of Women in Africa. Click here to check State Parties.
• OAU Convention Governing the Specific Aspects of Refugee Problems in Africa Click here to check State Parties.
• Convention for the Elimination of Mercenarism in Africa Click here to check State Parties.
• African Union Convention on the Conservation of Nature and Natural Resources Click here to check State Parties
• Bamako Convention on the Ban of the Import of Hazardous Wastes into Africa Click here to check State Parties.
• African Union Convention on Preventing and Combating Corruption Click here to check State Parties.
• OAU Convention on the Prevention and Combating of Terrorism Click here to check State Parties.
• African Union Non-Aggression and Common Defence Pact Click here to check State Parties.
• African Charter on Democracy, Elections and Governance Click here to check State Parties.

• Universal Declaration of Human Rights
• International Covenant on Civil and Political Rights
• International Covenant on Economic, Social and Cultural Rights
• Convention on the Elimination of All Forms of Discrimination against Women
• International Convention on the Elimination of All Forms of Racial Discrimination
• Convention on the Rights of the Child
• Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
• International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
• Convention on the Prevention and Punishment of the Crime of Genocide
• Optional Protocol to the International Covenant on Civil and Political Rights
• Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty
• Optional Protocol to the Convention on the Elimination of Discrimination against Women
• Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict
• Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography
• Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (Convention I)
• Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (Convention II)
• Geneva Convention relative to the Treatment of Prisoners of War (Convention III)
• Geneva Convention relative to the Protection of Civilian Persons in Time of War (Convention IV)
• Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of
• International Armed Conflicts (Protocol I)
• Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II)
• International Convention on the Suppression and Punishment of the Crime of Apartheid
• Slavery Convention Statute of the International Court of Justice
• Rome Statute of the International Criminal Court
• Charter of the United Nations
• Convention on the Political Rights of Women
• Protocol amending the Slavery Convention signed at Geneva on 25 September 1926
• Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery
• Convention on the International Right of Correction
• Convention on the non-applicability of statutory limitations to war crimes and crimes against humanity
• Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief
• Declaration on Social and Legal Principles relating to the Protection and Welfare of Children, with Special Reference to Foster Placement and Adoption Nationally and Internationally
• Declaration on Race and Racial Prejudice
• Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities
• Declaration on the Elimination of Discrimination against Women
• Declaration on the Protection of Women and Children in Emergency and Armed Conflict
• Declaration of the Rights of the Child
• Declaration on Social Progress and Development
• Declaration on the Right of Peoples to Peace
• Declaration on the Right to Development
• Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or
• Degrading Treatment or Punishment
• Declaration on the Protection of All Persons from Enforced Disappearance
• Proclamation of Teheran
• Convention relating to the Status of the Stateless Persons
• Convention relating to the Status of Refugees
• Protocol relating to the Status of Refugees
• Declaration on Territorial Asylum
• Declaration on the Human Rights of Individuals Who are not Nationals of the Country in which They Live
• Statute of the Office of the United Nations High Commissioner for Refugees
• Convention (No. 87) concerning Freedom of Association and Protection of the Right to Organize
• Convention (No.169) concerning Indigenous and Tribal Peoples in Independent Countries
• Convention (No. 111) concerning Discrimination in respect of Employment and Occupation
• Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages    
• Convention on the Nationality of Married Women
• Convention on the Reduction of Statelessness
• International Convention against Apartheid in Sports
• Convention against Discrimination in Education
• Equal Remuneration Convention
• Forced Labour Convention
• Abolition of Forced Labour Convention
• Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others
• Declaration on the Elimination of Violence Against Women
• Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms
• Declaration on the Granting of Independence to Colonial Countries and Peoples
• Declaration of Basic Principles of Justice for Victims of Crime and Abuse of PowerDeclaration on the Rights of Mentally Retarded Persons
• Universal Declaration on the Eradication of Hunger and Malnutrition
• Declaration on the Use of Scientific and Technological Progress in the Interests of Peace and for the Benefit of Mankind
• Declaration on the Rights of Disabled Persons
• Declaration on the Promotion among Youth of the Ideals of Peace, Mutual Respect and Understanding between Peoples
• Declaration of the Principles of International Cultural Co-operation

USEFUL CONTACTS AT THE COURT

presidentoffice@african-court.org	Office of the President
registrar@african-court.org	Office of the Registrar
humanresources@african-court.org	Human Resources
finance@african-court.org	Finance Services
library@african-court.org	Library
infocom@african-court.org	Information and Communication
registry@african-court.org	Registry
protocol@african-court.org	Protocol Services
legal@african-court.org	Legal Unit

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