Slow African Human Rights Court protocol signing pace worries Dar

DAILY NEWS Reporter in Arusha

CONSTITUTION and Legal Affairs Minister Dr Harrison Mwakyembe has expressed concern over a number of African countries that have ratified the protocol establishing the African Court for Human and Peoples Rights (ACHPR) based here.

“Only 30 out of 54 member states have signed and ratified it.

This, therefore, means that they do not recognise this court, thereby denying their citizens the basic right of access to it, which is our own creation,’’ he said. The minister added that “his immediate appeal would be for those countries that have not ratified this protocol to consider doing so as a matter of priority.’’

Speaking during the ‘International Symposium in Commemorating the 10th Anniversary of the African Court on Human and People’s Rights,’ Dr Mwakyembe noted that the number of countries that had made the Declaration to accept the competency of the Court to receive human rights cases is discouraging.

The minister noted that only six and - that is after the withdrawal of one member state - have made the important declaration. “This is a clear testimony that there is no political will and therefore many people on the continent cannot access the Court established solely for them. It is time forus to see this commitment differently,” stressed Dr Mwakyembe.

It was observed during the meeting that more programmes should be conducted among African nations so as to create more awareness about the work of the African Court in order to give it the deserved recognition as well as encouraging more members to take up their share of responsibility.

So far only a small number of cases have been finalised by the court as compared to those that have been received, thus calling for enhanced capacity and resources to support the court.

Equally important, periodic review of the Rules of the Court should be done in order to meet the emerging needs and challenges from the time of filing cases, admission, hearing and judgment delivery.

The Court’s President, Justice Sylvain Ore, said the ten years of the legal body’s tenure in Arusha have been successful ‘to some extent.’

He added: “Despite its usefulness, the Legal Aid Scheme has remained with insufficient funds to cater for many indigent or less privileged applicants. It is incumbent on all of us to make a difference.

Otherwise, all the good intentions for the creation of this court will only remain in paper.