THE African Court on Human and Peoples’ Rights (AfCHPR) has made a significant contribution to human rights justice, strengthening the rule of law and democracy in Africa since its inception despite limited resources and operational constraints.
He said that from the time it gave its first judgment in 2009, the Court has made landmark decrees which have over the years established its authority not only as a human rights protector but also as a check and balance institution for strengthening rule of law and democracy in Africa.
President Ore’ was making reference to a case in the matter of Yogogo Mbaye against Senegal. He also referred to judgments delivered in the cases of Norbert Zongo against Burkina Faso and Lohé Issa Konaté against Burkina Faso.
In these two cases, he said, the Court made unprecedented findings in favor of freedom of expression, the rights of journalists, the right to fair trial, and sent a signal for decriminalization of press offences.
According to him, the Court has also made great contributions to the consolidation of democratization in Africa through the judgment it delivered in the matter of APDH against Ivory Coast.
“Another case brought against the Republic of Kenya by the African Commission on Human and Peoples’ Rights on behalf of the Ogiek Community, the African Court had the opportunity to make a landmark pronouncement on various rights of indigenous peoples,” the President pointed out.
He went on explaining that from its continued interaction with the relevant stakeholders, notably Member States of the African Union, its policy organs and civil society organizations, the Court has improved its contribution to Africa’s development.
President Ore’ said the Court has afforded justice to victims of human rights violation and to African citizens at large. However, he said, the Court has been facing significant challenges, including the level of Member States adherence to the Court.
He said that for ten years after it started its operations, citizens and N o n - G o v e r n m e n t Organizations (NGOs) from only ten out of 55 African nations could file cases directly to the Court against their respective states.
This challenge, he said, seriously limits the Court in the full dispensation of justice in the continent. But he was quick to point out that the Court has enjoyed a constant interaction with Member States, which has resulted in more ratifications and deposits of the required declaration in the past years
. “The Court would be very grateful to the Federal Republic of Germany for its continued support in funding various activities aiming at raising more awareness on states’ adherence to the Court,” the President said.
In his brief remarks, Germany’s Foreign Affairs Minister commended the work of the African Court, saying that it lays strong foundation for continental justice and progress. Mr. Maass said that Germany will continue to share its values for mutual democratic and judicial enhancement for the good of every citizen in Africa and the world at large.
The African Court was created under the aegis of the African Union in 1998 and began its operations in 2006, with the prime aim of protecting human and peoples’ rights in Africa, mainly through adjudication.
Apart from the President who is based at the seat of the Court and works on a full time basis, other judges serve on a part-time basis. The daily operation of the Court is entrusted with its Registry, which is headed by a Registrar and structured into various divisions.
Every year, the Court holds four sessions of four weeks each and, when resources allow, one extraordinary session of two-weeks
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