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Legalbrief   |   your legal news hub Sunday 05 May 2024

Benin and Ivory Coast withdraw AfCHPR declarations

Benin and Ivory Coast have become the latest countries to withdraw their declaration to the African Charter on Human and Peoples' Rights on the Establishment of the African Court on Human and Peoples' Rights (AfCHPR). This after the AfCHPR issued provisional measures ordering both states to avoid the exclusion of opposition candidates from upcoming elections. However, The East African reports that authorities in Benin said they communicated their withdrawal on 16 March, long before the court's decision was made. And the Ivory Coast announced that it was withdrawing from the court last month, after the tribunal ordered the government to suspend an arrest warrant for former Prime Minister Guillaume Soro. However, both countries remain party to the court's protocol. As a result, once the withdrawal takes effect, the court will still be able to hear complaints against it, but only those submitted by the African Commission, other state parties to its protocol and African intergovernmental organisations. The two countries join Rwanda and Tanzania who officially withdrew their declarations in 2016 and 2019 respectively. ‘The court expressed concern and deeply regretted the action of the two states (Benin and the Ivory Coast). It reiterated its commitment to independence, objectivity and loyalty in the discharge of its mandate,’ said registrar Robert Eno. The report notes that the latest withdrawal will likely mean that only six AU countries (Burkina Faso, The Gambia, Ghana, Malawi, Mali, and Tunisia) will allow individuals and NGOs to have direct access to the court.