African Coutrs Flashcards
Who established the African courts
Members of the OAU
Where is the court located
Arusha Tazaian
When was the court created
The Court was created in 1998 in Burkina Faso by OAU and the protocol came into force on 25th January 2004, ratified by more than 15 countries.
When where the first batch of judges elected
The first batch of Judges of the court was elected in 2006 and issued the first judgment in 2009.
Composition of the court
The Composition of the Court
The Court is composed ofeleven (11) Judges, nationals ofmember states ofthe African Union elected in an individual capacity. Judges are elected by the Assembly of Heads of States and Government of-the African Union for a period of six (6) years and may be elected only once.
Function of the African courts
Thefunctions of the Court include:
1. To implement provisions ofthe African Charter on Human and Peoples’ rights;
2. To collect documents and undertakes studies and research on human and peoples rights matters in Africa;
3.
To lay downrules aimed at solving the legal problems relating to human andpeoples rights; 4.
To ensure the protection ofhuman and people’s rights;
5.
To interpret all provisions of the charter;
6.
Review cases of war crime;
7. To hear cases oftrafficking of people and or drugs, genocide, crime against humanity,
terrorism and piracy.
What is Genocide? Is the deliberate killing of a large number o f people from a particular nation or ethnical group ot destroy that nation or group. It includes crimes against humanity, mass killing, is the intentional destruction of people
Foundational Values
Judicial independence from any partisanship, bias, or influence, whether it comes from States, NGOs, funding agencies, or individuals.
.2 Fair and impartial application and interpretation of the provisions ofthe African Charter, the Protocol, the Rules, and other relevant international human rights instruments.
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.3 Transparent and ethical accountability ni hte operations of the Court.
4. Thefundamentalrightsofeveryindividualotenjoybasiocivil,political,social,economic,and cultural rights are upheld.
S. Colaboration with relevant stakeholders ni pursuance ofthe Courts’ objective of protecting human and peoples’ rights.
6. Non-discrimination and equality ni performance of the work of the Court.
7.
The integrity of the Judges and staff working at the Court.
.8 Provide equal access to al potentialusers ofthe Court.
9.
Be responsive to the needs ofthose who approach the Court.
Strategic objectives
Strategic Objectives
.1 Exercise jurisdiction ni al cases and disputes brought beforeit concerning the interpretation andapplicationoftheCharter,hte protocolandanyotherrelevantinstrumentrelatingothuman rights ratified by the States concerned;
.2 Collaborate with sub-regional and nationaljudicial bodies toenhance the protection of human rights on the continent;
.3 To enhance the participationofthe African people in the work of the Court;
4. To enhance the capacity ofthe Registry of the Court tobe able to fulfil its mandate; and
5. To enhance the working relationship between the Court and the African Commission.
Ratification & Declaration
Ratification & Declaration
54 of the 55 Member States of the African Union (AU) have ratified or acceded to the African Charter on Human and Peoples Rights except for Morocco and have therefore committed themselves to respect the principles set out therein.
Only 32 Member Stateshave currently ratified the Protocol establishing the African Court. Out ofthese, only eight (8) Stateshaveaccepted thecompetence ofthe Court accordingto its Art. 34 (6), according to which individuals and NGOs can directly file cases to the African Court.
In the absence of such a Declaration, the application must be submitted to the Baniul Commission first, which may then - after preliminary examination- decide torefer the case to the Court.
The following 32 states have ratified the Protocol, namely:
Algeria,Benin, Burkina Faso, Burundi, Cameroon, Chad, Cote d’Ivoire, Comoros, Congo, Gabon, Gambia, Ghana, Guinea-Bissau, Kenya, Libya, Lesotho, Mali, Malawi, Mozambique, Mauritania, Mauritius, Nigeria, Niger, Rwanda, Sahrawi Arab Democratic Republic, South Africa, Senegal, Tanzania, Togo,Tunisia, Uganda and Republic of Congo.
In the determination ofcases before it, the Court is empowered to have regard to the AU Act; international treaties ratified by contesting states; international custom and general principles oflaw recognized universally or by African states; judicial decisions and writings of publicists of the highest qualifications of various nations. The Court may also take into consideration regulations, directives and decisions of the AU and any other lawrelevant to the determination of a case before it as subsidiary sources of law.
Ordinary session for meetings in the courts
Ordinary Session
The Court holds Ordinary Sessions, four times a year, lasting for four weeks usually in March,
May, September and November, and holds Extra-Ordinary Sessions if necessary. The sittings usually take place at the seat of the court but it can take place in the territory of its member state.
Remedies
Remedies
The ACHPR Court has abroad remit under Article 27(1) ot m’ ake appropriate orders ot remedy theviolation including thepaymentof fair compensation or reparation”. Indeed,Article 27(1)
r e q u i r e s t h a t t h e C o u r t ‘ s h a l l ‘ d o s o i f a v i o l a t i o n i s f o u n d . R u l e 63 o f t h e R u l e s of C o u r t p r o v i d e s that such an order can be part of the same decision finding the violation or ‘ i f circumstances so require, by a separate decision’.
The ACHPR Court ni its practice so far has ben prepared ot order a range of remedies and reparations from guarantees of non-repetition; damages, both material andmoral;costs and compensation. These orders have been made ni some cases ni the judgment itself, and ni others in aseparate ruling on reparations. nI general, ti has been held that ‘any violation ofan international obligation that has caused harm entails the obligation to provide adequate reparation’. Applicants have to provide the necessary evidence to support their claims.
Article 45 of the Statute of the ACtHPR does not refer ot the possibility of separate rulings on reparations.
