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African Court-7

The document is a lecture presentation by Dr. Milton Owuor on the African Court on Human and Peoples' Rights, detailing its establishment, composition, and jurisdiction. It covers the Court's contentious and advisory jurisdictions, access procedures for individuals and NGOs, and the relationship between the Court and the African Commission. The presentation aims to educate LLB students about the Court's role in protecting human rights in Africa.

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10 views13 pages

African Court-7

The document is a lecture presentation by Dr. Milton Owuor on the African Court on Human and Peoples' Rights, detailing its establishment, composition, and jurisdiction. It covers the Court's contentious and advisory jurisdictions, access procedures for individuals and NGOs, and the relationship between the Court and the African Commission. The presentation aims to educate LLB students about the Court's role in protecting human rights in Africa.

Uploaded by

mbuere.mbuere
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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1

________________________

The African Court on Peoples’ and Human Rights


(African Court)

By Dr. Milton Owuor


2

CONTENT

1. Prelude
2. Introduction: Composition of Court
3. Contentious Jurisdiction
4. Advisory Jurisdiction
5. Access to Court
6. Relationship between Court and Commission
7. Further support
8. Reference
3

1. PRELUDE

Welcome to this lecture session. It constitutes part of a series of lectures I have designed for the LLB
programme.

 I am Dr. Milton Owuor, your module lecturer for this Semester.


 In this presentation, we discuss the African Court on Human and Peoples’ Rights (African Court).

 In this session,
 ‘African Court’ means African Court on Human and Peoples’ Rights
 ‘Commission’ refers to African Commission
 ‘Protocol’ refers to the Protocol to the African Charter on the Establishment of the African Court.
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2. INTRODUCTION
 The African Court was established pursuant to Article 1 of the Protocol to the African Charter on the
Establishment of the African Court.
 The Protocol adopted on 2 June 1998 (by OAU member states); entered into force 25 January 2004.
 Court is the judicial arm of the AU. It was established:
 to ensure the protection of human and peoples’ rights in Africa; and
 to complement the protective mandate of the African Commission
 Decisions of the Court are final and binding on state parties to the Protocol
 It judicially considers human rights complaints referred to it.
 The Court applies the African Charter and other human rights instruments ratified by concerned states
 The Court is not competent to exercise criminal jurisdiction.
 The seat of the Court is Arusha, Tanzania
 South Africa has ratified the Protocol, but not among the 8 states that have deposited the Article 34(6)
Declaration recognising competence of the Court
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3. INTRODUCTION

Composition of the Court


 Court consists of 11 judges
 Nominated by AU member states
 Elected by the AU Assembly for a 6 year tenure of office, renewable once
 in their individual capacity, from among African jurists of proven integrity and of recognised
practical, judicial or academic competence and experience in the field of human rights
 No any two serving judges shall be of same nationality
 Gender and geographical representation are taken into considerations in election
 All judges, except the President, hold office on a part-time basis.
 The President and Vice-President hold office for a renewable term of 2 years
 The current South African judge on the bench is Justice Dumisa Ntsebeza (Feb 2021- 2027)
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4. CONTENTIOUS JURISDICTION (ART 3)


 The Court exercises both contentious and advisory jurisdiction. It does not exercise criminal jurisdiction
 Court has jurisdiction (Article 3 Protocol) to deal with all cases and disputes submitted to it regarding the
interpretation and application of:
 the Charter, the Protocol and
 other relevant human rights instruments (treaties, etc.) ratified by the concerned states
 It is also empowered to promote amicable settlement of disputes or cases pending before it
 It can also interpret own judgment
 The temporal jurisdiction of the Court begins to run at the time the Protocol entered into force in respect of a
particular state, except in cases of on-going or continuing violations of human rights.
 The cases may be submitted by (a) African Commission (b) Individuals (c) African Intergovernmental
Organizations (d) NGOs with Observer status with the African Commission
 Individuals and NGOs can file cases directly if
 state they are suing has ratified the Protocol and deposited Article 34(6) Declaration
 the case involves alleged violations of human rights
 the alleged violations have taken place in the state concerned after it ratified the Protocol,
unless the alleged violations are on-going.
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5. ADVISORY JURISDICTION (ART 4)

 Court may provide advisory opinion:


 at the request of
 the AU
 member state of the AU
 any organ of the AU; or
 any African organization recognized by the AU
 on any legal matter relating to the Charter or
 any other relevant human rights instruments e.g treaties
 provided it is not related to the matter being examined by the African Commission (quasi-
judicial body of AU)
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6. ACCESS TO COURT

Indirect Access to Court


 Individuals and NGOs may approach the Court indirectly by first submitting a communication
to the African Commission
 The following entities are competent to submit cases to the Court: African Commission, state
parties to Protocol and Inter-Governmental Organizations
 Domestic remedies must have been exhausted.

Direct access to Court


 Individual and NGOs with observer status before the Commission, may submit cases directly
to Court, if state has made a declaration under Article 34(6) of Protocol.
 Domestic remedies must have been exhausted
 Commission may submit case it has concluded to Court, where state fails or unwilling to
comply
9

7. RELATIONSHIP B/N THE COURT AND COMMISSION

 The relationship between Court and Commission is determined by the Charter and Protocol.
Court:
 implements the protective mandate of the Commission
 may transfer matter of which it is seized to the Commission
 may request the opinion of the Commission when deciding on issues of admissibility
 can give advisory opinion upon request by the Commission
 consults with the Commission when drawing up its own rules, as appropriate

Commission may,
 on its own accord, submit a complaint on human rights violation, to Court
 at any stage of the consideration of a communication, seize the Court with the
examination of the communication
 submit matter to Court on grounds of failure or unwillingness of state to comply with its
decisions or provisional measures
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8. REFERENCE

 African Court on Human and Peoples’ Rights website:


https://www.african-court.org/wpafc/welcome-to-the-african-court/

 A Guide to the African Human Rights System. 2016. Pretoria: Pretoria University Law Press (Centre for
Human Rights, University of Pretoria)

 Viljoen, F. 2012. International Human Rights Law in Africa. 2nd ed. Cape Town: Oxford University Press
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9. FURTHER SUPPORT

 Should you require further elucidation on any of the points discussed in this presentation
please feel free to contact me via your canvas platforms, through:
 the Academic Questions (Q&A) forum; or
 the inbox

Thanking you kindly for your time.


Best wishes

Dr. Milton Owuor


12

THANK YOU
ENKOSITHANK YOU
ENKOSI
RE A LEBOGA
DANKIERE A LEBOGA
DANKIE
13

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