African Court of Justice and Human Rights
From TrustAfrica wiki - African Regional Organizations
African Court of Justice and Human Rights
Judge Gérard Niyungeko
President
3rd Floor, Ngorongoro Wing
Arusha International Conference Centre
Arusha, Tanzania
Description
The African Court of Justice and Human Rights was established in 1998 by a Protocol which came into force in 2004 upon satisfactory ratification by member states. The Court has its foundation in the Law of Lagos Conference which was held in 1961 on the rule of law. Here the Court was considered as part of a proposed Convention for human rights: the Convention never materialized and the idea of the court was dismissed as an un-African way of resolving disputes. Discussions around how to resolve disputes did however result in the African Charter on Human and People’s Rights in 1981, which nevertheless omitted the creation of a court, instead creating a Commission (see separate profile) whose decisions were not binding on member states.
In 1998, a draft Protocol was created and subsequently adopted by the OAU. The Protocol created the basis for the Court, although the Court was only formally constituted in 2004. In July 2006 eleven judges were elected to serve at the Court and were sworn in at the Banjul 7th Summit of heads of State and Government. This was an important step in the much-awaited Court that had been delayed due to the 2004 AU decision to merge the new African Human Rights Court with the Court of Justice of the Union. Arusha, Tanzania, home to the International Tribunal for Rwanda in Arusha, has been chosen as the seat of the new Court.
It is expected that the Court will act as the Supreme Court of the African Union, responsible for interpreting all necessary laws and treaties. The Court is also expected to compliment the work of the Commission. It is comprised of 11 judges as stated above; whose terms are for a six year-renewable terms. They are operating on a part-time basis except for the President of the Court. Ideally, judges do not represent the interests of their states: they must be impartial and objective as well as faithful to the Court. Individuals and non-governmental organizations can take cases to the court. It is also expected that when the Court deals with a case, it must give its decisions within 90 days in line with the principle of expeditious justice. And state parties to the Protocol undertake to implement and comply with the judgments made.
The Court has prioritized the following: Drafting of the Court’s rules of procedure; Drafting of the 2007 budget; Preparation of a structure for the Registry; and Cooperation with external partners. It is expected that the Court will begin its work, dealing with cases towards the end of 2007.
