AFRICAN COURT ON PROTECTION OF AFRICANS'S HUMAN AND PEOPLES' RIGHT

How African Court on Human and Peoples' Right protect Africans Human and Peoples' Rights.

The African Court on Human and Peoples’ Rights (the Court) was established by Article 1 of  the Protocol of the African Charter on Human and Peoples’ Rights adopted by State Parties to the Organization of African Unity (OAU) in Ouagadougou, Burkina Faso, on 9 June 1998. The Protocol entered into force on 25 January2004. The Protocol give the Court  mandate to complement and reinforce the functions of the Commission in promoting and protecting human and peoples’ rights, freedoms and duties in member States.

Article 3 of the Protocol of African Charter on Human and Peoples’ Right confers jurisdiction the Court to all cases and dispute submitted to it concerning the interpretation and application of the charter, this Protocol and any other relevant Human Right Instrument ratified by the State concerned such as International Covenant on Civil and Political Rights, International Covenant on Economic Social and Cultural Rights, Universal Declaration of Human Rights, just to mention byh the few. As per Rule 26 of Rules of the Court, the Court promote amicable settlement in cases pending before it in accordance with the provisions of the Charter.

The Court contribute much to the protection of Human Rights through complement the protective mandate of the African Commission on Human and Peoples' Rights. Relationship between the African Commission on Human and Peoples’ Right has also laid down under Rule 29 of the Rule of the Court. Also the Court protect African Human and Peoples’ Rights through amicable settlement as provided under Article 9 of the Protocol on African Charter on Human and Peoples’ Rights.

In ensuring the protection of Human and Peoples’ Right the Court applies the Provisions of the Charter of which are the legal basis for African Human and Peoples’ Right together with any other related instrument such as All protocol pursuant to the African Charter, Universal Declaration on Human Right, International Covenant on Economic Social and Cultural Rights, International Covenant on Civil and Political Rights.

Also in ensuring the protection of African Human and Peoples’ Rights, the Court allow the following to get access to the Court provided in Article 5 of the Protocol and Rule 33 of the Rules of the Court, The Commission, State Party lodged an application to the Commission, State Party against the lodged application at the Commission, State Party whose citizen is a victim of a human rights violation, An African Intergovernmental Organization, State which has interest in the case, An individual or a Non-Governmental Organization which has observer status before the Commission of which the State party declared the competence of the Court as per Article 34(6) of the Protocol of African Charter on Human and Peoples’ Rights.

The Court protect Human Right throught its annual report to the Assembly on its work and activities during the previous year, where by report specify cases of which the State fails to comply with the Court judgmentas per Article 31of the Protocol of African Charter on Human and Peoples’ Right read together with Rule 11 of the Rules of the Court.

The Court have also applies protective measures in respect of massive violation of Human Rights in cases of extreme gravity and urgency, and when necessary to avoid irreparable harm to persons, shall adopt such provisional measures as it deems necessary . The Court ordered in the case of  African Commission on Human and Peoples’ Rights v Great Socialist People’s of Libyan Arab Jamahiriya “whereas in the opinion of the Court there is therefore a situation of extreme gravity and urgency, as well as a risk of irreparable harm to persons who are the subject of the application, in particular, in relation to the rights to life and to physical integrity or persons as guaranteed in the Charter ... For these reasons, The Court, unanimously orders that Libya must immediately refrain from any action that would result in loss of life or violation of physical integrity of persons, which could be a breach of the provisions of the Charter or of other international human rights instruments to which it is a party”.

Apart from effort made by the African Court on Human and Peoples’ Rights in the protection of Human and Peoples’ Rights, the big  number of States have not yet  ratified the Protocol of African Court on Human and Peoples’ Rights. Only  26 State ratified the Protocol under Article 34(6), and also only 5 States have made a declaration under Article 5(3) to receive complaints direct from Individual and NGOs

However, despite the big number of African States compared to the number of State which have  ratified the Protocol of African Court on Human and Peoples’ Right, hinder much the efforts of African Court on Human and Peoples’ Right on protection of Human and Peoples’ Right due to lack of jurisdiction. These have clearly seen in cases brought before  the Court, for example in the cases of Michelot Yogogombaye v The Republic of Senegal, the Court held that it lack jurisdiction. The same was stated in the case of Delta International Investment SA v. The Republic of South Africa. Therefore it tis now the time for African States to made ratification and declaration as per Article 34(6) of the Protocol of African on Human and Peoples’ Rights inoder for the Court to ensure highly protection of African Human and Peoples’ Right.

Prepaired by; Kisusi Rashid ,LL.B, University of Dodoma.