The African Court on Human and Peoples’ Rights has commenced its 60th Ordinary Session, scheduled to run until February 26, 2021. During this session, the court is expected to deliver at least five judgments. Justice Sylvan Ore, the President of the African Court, stated that the judgments will be live-streamed via the court’s official YouTube channel.
All eleven judges of the African Court will be involved in the four-week session, which takes place four times a year. The court, headquartered in Arusha, Tanzania, was established by African countries to protect human and peoples’ rights on the continent. It complements and strengthens the functions of the African Commission on Human and Peoples’ Rights.
The establishment of the African Court was made possible through the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court, which was adopted by member states of the then Organization of African Unity (OAU) in Ouagadougou, Burkina Faso, in June 1998. The protocol came into force on January 25, 2004.
Justice Ore commended the 31 states that have ratified the protocol, including Ghana, Algeria, Benin, Burkina Faso, Burundi, Cameroon, Chad, Côte d’Ivoire, Comoros, Congo, Democratic Republic of Congo, Gabon, and The Gambia, among others.
However, he expressed concern that as of December 2020, only six out of the 31 state parties to the protocol have deposited the declaration recognizing the competence of the African Court to receive cases directly from non-governmental organizations and individuals. These states include Ghana, Burkina Faso, The Gambia, Mali, Malawi, and Tunisia.
Regarding the court’s jurisdiction, Justice Ore explained that its Contentious Jurisdiction applies to all cases and disputes related to the interpretation and application of the African Charter on Human and Peoples’ Rights, the protocol, and any other relevant human rights instrument ratified by the concerned states. Additionally, the court exercises Advisory Jurisdiction, where it can provide opinions on legal matters concerning the charter or any other relevant human rights instruments upon request from a member state of the African Union, the AU itself, its organs, or any African organization recognized by the AU. However, the subject matter of the opinion should not be under examination by the African Commission at that time.
The 60th Ordinary Session of the African Court on Human and Peoples’ Rights highlights the ongoing commitment of African nations to protecting human rights and promoting justice across the continent.
