Authorisation for referral to the African Court on Human and Peoples' Rights by citizens and NGOs, an important step forward
| Publisher | International Federation for Human Rights |
| Publication Date | 21 April 2017 |
| Cite as | International Federation for Human Rights, Authorisation for referral to the African Court on Human and Peoples' Rights by citizens and NGOs, an important step forward, 21 April 2017, available at: https://www.refworld.org/docid/590b1e224.html [accessed 22 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
FIDH, LTDH, ATFD and Doustourna Network welcome the decision of Tunisia to sign the declaration allowing individuals and NGOs to refer directly to the African Court on Human and Peoples’ Rights (ACHPR), after exhaustion of domestic remedies. This extension to citizen referral is an important step for the protection of human rights and the fight against impunity in Tunisia and Africa. It should encourage the African States not yet signatories to the declaration to follow this path.
Khemaies Jhinaoui, Tunisian Minister for Foreign Affairs, signed the declaration allowing individuals and NGOs to refer directly to the ACHPR after exhaustion of domestic remedies. This signature took place on the occasion of the visit to Tunisia of Justice Sylvain Oré, President of the ACHPR. Tunisia has been one for now almost ten years one of the 30 States parties to the Protocol establishing the Court. By signing it, it becomes the 8th country to file the declaration under Article 34 (6) of the Protocol, thus authorizing citizen referral.
This advance represents the outcome of a long-standing mobilization of the FIDH. Our organizations also encourage Tunisia to ratify the treaties it has signed, in particular, the Maputo protocol on women’s rights (additional to the African Charter on Human and Peoples’ Rights). Signed by the President of the Republic in January 2015, its ratification still does not appear to be on the agenda.
Established under the aegis of the African Union (AU), the African Court on Human and Peoples’ Rights is the main judicial body on human rights on the continent. Based in Arusha, Tanzania, it took office in November 2006. Its function is to ensure that its member states respect the African Charter on Human and Peoples’ Rights. It acts in complementarity with the African Commission on Human and Peoples’ Rights (ACHPR).
All States parties to the Protocol establishing the Court recognize the jurisdiction of the Court in cases brought against them. These cases concern alleged violations of the rights recognized in the African Charter on Human and Peoples’ Rights and any other human rights instruments ratified by the State in question. The Court may be seized by the ACHPR, a State Party or an African inter-governmental organization. Article 34 (6) of the Protocol provides for the possibility for States to file a declaration that also allows individuals and NGOs with observer status before the ACHPR to file a complaint directly before the Court after all domestic remedies have been exhausted .
The decisions of the Court are final and binding. The Court delivered its first judgment in 2009 in a case involving the State of Senegal, which resulted in a declaration of incompetence. By March 2017, the Court had received 124 motions and had made 32 decisions. It still has 92 cases to consider and 4 requests for an advisory opinion. FIDH and several of its member organizations in Africa are parties to 3 proceedings currently under consideration by the Court.
