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African court loses its bite

Publish date: 15 June 2020
Issue Number: 877
Diary: IBA Legalbrief Africa
Category: Judiciary

Civil society rejoiced when the Tanzania-based African Court on Human and Peoples' Rights was established in 1998. But the dream for justice within the continent risks falling apart as member states neglect the court. Deutsche Welle reports that over the past six months, three African nations – Tanzania, Benin and the Ivory Coast – have revoked the right of individuals and NGOs to sue them before the court. This leaves just six member countries where the court has such jurisdiction. There were high hopes when 30 countries launched the court back in 1998. Six years later, the court began its work and its judgments were supposed to be binding on member states. But today, the court is no longer a priority for many African governments, or even the AU. ‘Individuals and NGOs are currently the only ones bringing cases to the court,’ former deputy chairman of the ACHPR, Fatsah Ouguergouz, told DW. ‘The African Commission on Human and Peoples' Rights probably no longer has the interest in going to court, nor are the individual states prepared to do so,’ he said. In other words, the court will soon simply run out of cases. The court is currently attempting to establish binding standards throughout the AU to oblige states to implement the rulings and sentences handed down. However, it has had little success.

Full Deutsche Welle report

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