African Court on Human and Peoples' Rights facts for kids
The African Court on Human and Peoples' Rights is a special international court set up by countries in the African Union (AU). Its main job is to make sure that the rules in the African Charter on Human and Peoples' Rights (also called the Banjul Charter) are followed. This court is located in Arusha, Tanzania, and it's like the legal arm of the AU. It's one of three similar courts around the world that protect human rights in different regions.
The African Court was created after a special agreement was made in 1998 by the Organization of African Unity (OAU), which was the group before the AU. This agreement became official on January 25, 2004, after many countries agreed to it. The first judges for the court were chosen in 2006, and the court made its first decision in 2009.
The court works with the African Commission on Human and Peoples' Rights. The Commission checks if countries are following the human rights rules, and then it can suggest cases to the court. The African Court can look at any case or disagreement about how to understand and use the Banjul Charter or other human rights agreements. It can also give advice on legal questions and decide on cases where there's a dispute.
The court has eleven judges. These judges are suggested by AU member countries and then elected by the AU's leaders. Judges serve for six years and can be re-elected only once. The President of the court lives and works full-time in Arusha, while the other ten judges work part-time. A special officer called a registrar handles the court's daily management and paperwork.
Thirty-four African countries have agreed to the rules that set up the African Court. However, only nine of these countries have made a special statement that allows 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. For other countries, cases must first go to the African Commission, which 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 orders. It also had 217 cases still waiting for a decision.
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Countries Involved
As of January 2019, nine countries had made a special statement allowing non-government organizations (NGOs) and individuals to bring cases directly to the Court. These nine 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 are: 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 Guillaume Soro.
What the Court Aims To Do
The African Court on Human and Peoples' Rights was created to work with and strengthen the African Commission on Human and Peoples' Rights. The Commission is a body that checks if countries are following the human rights rules.
The Court's main goal is to make the human rights system in Africa stronger. It does this by making sure that the African Charter on Human and Peoples' Rights and other international human rights agreements are respected. The court uses its legal decisions to achieve this.
The court's vision is to see an Africa where respecting human rights is a normal part of life.
Important Values of the Court
The court follows several important values:
- Independence: Judges make decisions fairly, without being influenced by countries, groups, or individuals.
- Fairness: The court applies and understands the rules of the African Charter and other human rights agreements in a fair and unbiased way.
- Openness: The court works in a clear and honest way.
- Protecting Rights: It believes that everyone has a basic right to enjoy civil, political, social, economic, and cultural rights.
- Working Together: The court works with other groups to protect human and peoples' rights.
- No Discrimination: The court treats everyone equally, without discrimination.
- Integrity: The judges and staff at the court are honest and have strong moral principles.
- Equal Access: Everyone who needs to use the court should be able to.
- Helpful: The court tries to be helpful to those who come to it.
What the Court Wants to Achieve
The court has several goals it wants to reach:
- To make decisions on all cases and disagreements brought to it about the African Charter and other human rights agreements.
- To work with other courts in Africa to improve human rights protection across the continent.
- To encourage more African people to be involved in the court's work.
- To make sure the court's administrative office (Registry) has what it needs to do its job well.
- To improve the working relationship between the court and the African Commission.
Where the Court is Located
Tanzania is the country that hosts the court. The court's current offices are in Arusha, Tanzania. There have been plans for Tanzania to build a permanent home for the court, but these plans have been delayed. The court has said that it really needs a specially built place to do its work properly.
Court Decisions
On December 15, 2009, the court made its first decision. It found that a case against Senegal could not be accepted.
The court's first decision about the actual details of a case was made on June 14, 2013. This case involved Tanzania. The court decided that Tanzania had not protected its citizens' rights to take part in government freely, no matter their political group. The court told 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 and had failed to protect journalists.
On June 23, 2022, the court decided that the Kenyan government must pay the Okiek people 157,850,000 shillings. This payment was for many years of harm and suffering because they were forced off their land. The court also said that Kenya must recognize the Okiek people as native to the area and help them get official ownership of their traditional lands.
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.
Former Judges
| Name | Country | Position | Elected | Term ended |
|---|---|---|---|---|
| Justice George W. Kanyeihamba |  Uganda |
Judge | 2006 | 2008 |
| Justice Jean Emile Somda |  Burkina Faso |
Judge | 2006 | 2008 |
| Justice Githu Muigai | Kenya |
Judge | 2008 | 2010 |
| Justice Hamdi Faraj Fannoush |  Libya |
Judge | 2006 | 2010 |
| Justice Kellelo Justina Mafoso-Guni |  Lesotho |
Judge | 2006 | 2010 |
| Justice Sophia A.B. Akuffo |  Ghana |
President | 2012 | 2014 |
| Justice Jean Mutsinzi |  Rwanda |
President | 2008 | 2010 |
| Justice Gerard Niyungeko |  Burundi |
President | 2006 | 2012 |
| Justice Bernard Ngoepe | South Africa |
Judge | 2006 | 2014 |
| Justice Joseph Nyamihana Mulenga | Uganda |
Judge | 2008 | 2014 |
| Justice Fatsah Ouguergouz | Algeria |
Judge | 2006 | 2016 |
| Justice Duncan Tambala | Malawi |
Judge | 2010 | 2016 |
| Justice Augustino S. L. Ramadhani | Tanzania |
Judge | 2010 | 2016 |
| Justice Elsie Nwanwuri Thompson | Nigeria |
Vice-President | 2010 | 2016 |
| Justice El Hadji Guissé |  Senegal |
Judge | 2012 | 2018 |
| Justice Solome Balungi Bossa | Uganda |
Judge | 2014 | 2020 |
| Justice Sylvain Ore |  Côte d'Ivoire |
President | 2014 | 2020 |
| Justice Angelo Vasco Matusse |  Mozambique |
Judge | 2014 | 2020 |
| Justice Marie Thérèse Mukamulisa | Rwanda |
Judge | 2016 | 2022 |
Future Plans for the Court
On July 1, 2008, at a meeting in Sharm El Sheikh, Egypt, African leaders signed an agreement to combine the African Court on Human and Peoples' Rights with another court that was still being planned, called the African Court of Justice. The idea was to create a new court called the African Court of Justice and Human Rights. As of June 18, 2020, only eight countries had agreed to this plan, but 15 countries need to agree for it to happen.
Other Courts Like This
- European Court of Human Rights – a similar court in Europe, started in 1950
- Inter-American Court of Human Rights – a similar court in the Americas, started in 1979
