African Court on Human and Peoples' Rights facts for kids

Kids Encyclopedia Facts

The African Court on Human and Peoples' Rights is an important international court. It was created by countries in the African Union (AU) to protect human rights across Africa. This court is often called the African Court. Its main job is to make sure the rules of the African Charter on Human and Peoples' Rights (also known as the Banjul Charter) are followed.

The African Court is located in Arusha, Tanzania. It acts as the legal branch of the AU. It's one of only three regional courts in the world that focus on human rights. The others are in Europe and the Americas.

The idea for the African Court started with a special agreement in 1998. This agreement was made by the Organization of African Unity (OAU), which later became the AU. The court officially began its work on January 25, 2004. This happened after more than 15 countries agreed to the special rules. The first judges were chosen in 2006. The court made its first decision in 2009.

The African Court works with the African Commission on Human and Peoples' Rights. The Commission checks if human rights are being respected. The Court then handles serious cases that the Commission recommends. The Court can give advice on legal questions. It also makes decisions in cases where people or groups claim their rights have been violated.

The court has eleven judges. These judges are suggested by AU member countries. They are then chosen by the AU's leaders. Judges serve for six years and can be re-elected once. The president of the court lives and works full-time in Arusha. The other ten judges work part-time. A special office, called the Registry, handles all the court's daily tasks.

Thirty-four African countries have agreed to the court's rules. However, only nine of these countries allow individuals and groups (NGOs) to bring cases directly to the court. These nine countries are Burkina Faso, Ghana, Malawi, Mali, Rwanda, Tanzania, Republic of Côte d'Ivoire, Tunisia, and The Gambia. In other countries, cases must first go to the African Commission. The Commission then decides if the case should go to the court.

By September 2021, the African Court had made 259 decisions. This included 131 final judgments and 128 other orders. It also had 217 cases still waiting for a decision.

Who are the Members?
What is the Court's Purpose?
What is the Court's Dream for Africa?
What are the Court's Main Values?
What are the Court's Goals?
How are Judges Chosen?
Where is the Court Located?
What Cases Can the Court Hear?
Important Decisions (Judgments)
Who are the Current Judges?
Future Plans: Merging with Another Court
See Also

Who are the Members?

Members of the African Court on Human and Peoples' Rights.
Burgundy – countries that fully accept cases from individuals and groups
Pink – other countries that have agreed to the court's rules

As of January 2019, nine countries allowed individuals and non-government organizations (NGOs) to bring cases directly to the court. These countries are Benin, Burkina Faso, Côte d'Ivoire, Ghana, Mali, Malawi, Rwanda, Tanzania, The Gambia, and Tunisia.

In total, 34 countries have agreed to the court's rules. These include: Algeria, Benin, Burkina Faso, Burundi, Cameroon, Chad, Côte d'Ivoire, Comoros, Democratic Republic of Congo, Republic of the Congo, Gabon, Gambia, Ghana, Guinea-Bissau, Kenya, Libya, Lesotho, Madagascar, Mali, Malawi, Mozambique, Mauritania, Mauritius, Nigeria, Niger, Rwanda, Sahrawi Arab Democratic Republic, South Africa, Senegal, Tanzania, Togo, Tunisia, Uganda, and Zambia.

In April 2020, Côte d'Ivoire announced it was leaving the court. This happened after the court told the government to stop an arrest warrant for a person named Guillaume Soro.

What is the Court's Purpose?

The African Court on Human and Peoples' Rights was created to work with the African Commission on Human and Peoples' Rights. The Commission checks if human rights are being protected. The Court's job is to make this protection even stronger.

The court aims to improve human rights in Africa. It does this by making sure countries follow the African Charter on Human and Peoples' Rights. It also ensures they follow other international human rights agreements. The court makes legal decisions to achieve these goals.

What is the Court's Dream for Africa?

The court's dream is to see an Africa where human rights are truly valued and respected by everyone.

What are the Court's Main Values?

The court follows several important values:

Independence: Judges make decisions fairly. They are not influenced by countries, groups, or individuals.
Fairness: The court applies and explains human rights rules fairly to everyone.
Openness: The court works in a clear and honest way.
Protecting Rights: It supports the basic rights of every person. These include civil, political, social, economic, and cultural rights.
Teamwork: The court works with others to protect human rights.
Equality: It treats everyone equally and does not discriminate.
Integrity: The judges and staff are honest and trustworthy.
Access: Everyone who needs to use the court can do so easily.
Responsiveness: The court listens to and helps those who come to it.

What are the Court's Goals?

The court has several key goals:

To hear and decide all cases about human rights. This includes cases about the African Charter and other human rights agreements.
To work with other courts in Africa. This helps improve human rights protection across the continent.
To encourage African people to be more involved in the court's work.
To make sure the court's office can do its job well.
To improve its working relationship with the African Commission.

How are Judges Chosen?

The first eleven judges of the African Court were chosen on January 22, 2006. This happened at a meeting of African Union leaders.

Judges usually serve for six years. They can be chosen again for one more term. The President and Vice-President of the court are chosen for two-year terms. They can also be re-elected once.

The court held its very first meeting from July 2 to 5, 2006, in Banjul, The Gambia.

Where is the Court Located?

Tanzania is the host country for the court. The court's current offices are in Arusha, Tanzania. They are located at the Mwalimu Julius Nyerere Conservation Centre Complex. Tanzania has plans to build a permanent home for the court. However, these plans have faced delays. The court believes it needs a specially built place to do its work properly.

What Cases Can the Court Hear?

The court can hear cases against countries that have agreed to its rules. So far, 34 countries have done this.

Cases can be brought by the African Commission or by African organizations that include different governments.

Individuals or non-government organizations (NGOs) can also bring cases directly to the court. But this is only allowed if the country has made a special declaration. As of now, nine countries have made this declaration: Benin, Burkina Faso, Côte d'Ivoire, Ghana, Malawi, Mali, Tanzania, Tunisia, and The Gambia. Rwanda made this declaration in 2013 but later withdrew it in 2016. Tanzania also announced in November 2019 that it was withdrawing its declaration. This change will take effect one year later.

Important Decisions (Judgments)

On December 15, 2009, the court made its first decision. It found a case against Senegal could not be heard.

The court's first decision about the actual facts of a case was on June 14, 2013. This case involved Tanzania. The court decided that Tanzania had violated its citizens' rights. These rights included the freedom to take part in government, no matter their political group. The court ordered Tanzania to change its laws and take other steps to fix these problems.

On March 28, 2014, the court ruled against Burkina Faso. This case was brought by the family of Norbert Zongo, a newspaper editor who was killed in 1998. The court found that Burkina Faso had not properly investigated the murder. It also failed to protect journalists.

On June 23, 2022, the court made a ruling about the Okiek people in Kenya. The court said the Kenyan government must pay them 157,850,000 shillings. This payment was for many years of harm and suffering after they were forced from their homes. The court also said the government must recognize them as an indigenous group. It also ordered the government to help them get official ownership of their traditional lands.

Who are the Current Judges?

Name	Country	Position	Elected	Term ends
Justice Ben Kioko	Kenya	Vice President	2012*	2024
Justice Rafââ Ben Achour	Tunisia	Judge	2014*	2026
Justice Ntyam Mengue	Cameroon	Judge	2016*	2028
Justice Tujilane Chizumila	Malawi	Judge	2017*	2028
Justice Bensaoula Chafika	Algeria	Judge	2017*	2028
Justice Blaise Tchikaya	Democratic Republic of Congo	Vice President	2018	2024
Justice Stella Isibhakhomen Anukam	Nigeria	Judge	2018	2024
Justice Imani Daud Aboud	Tanzania	President	2018	2024
Justice Dumisa Ntsebeza	South Africa	Judge	2021	2027

* Means elected for a second term.

Future Plans: Merging with Another Court

On July 1, 2008, African leaders signed an agreement in Sharm El Sheikh, Egypt. They decided to combine the African Court on Human and Peoples' Rights with another court, the African Court of Justice. This new court would be called the African Court of Justice and Human Rights.

However, this merger has not happened yet. As of June 18, 2020, only eight countries had agreed to the merger. At least 15 countries need to agree for it to happen.