own part to provide an effective and prompt remedy. At the very least, in such cases, the
admissibility requirement that the complaint must not be pending before any other
international mechanism should be waived so that the complainant has the option to
approach other relevant mechanisms for justice.
Another limitation at the ACHPR is that hearings are not scheduled in advance and they are
generally held in private. Neither the press nor the public has any access to the hearings.
The decisions of the Commission are by way of recommendations to the State and not
binding judgments. Implementation of these recommendations therefore depends entirely
on the goodwill of the State concerned that may or may not take the recommendations
seriously.
Attached as Annexure 4A is the standard format for submission of complaints. The same
guidelines apply to submission of complaints raising violations of the Protocol (see point 4.3
below).
4.2
The African Court on Human and Peoples’ Rights
The African Court on Human and Peoples’ Rights (ACtHPR) was established as a legal entity
by a Protocol to the African Charter on Human and Peoples’ Rights. This Protocol was
signed in June 1998 in Ouagadougou, Burkina Faso, by the African Heads of State. The
Court came into being only on 25 January 2005, with the ratification by fifteen Member
States. Its seat is in Arusha, Tanzania.
To date, the African Court has only delivered one final judgment in a concrete case of
human rights violations.
Institutional relationship
For some time, the relationship between the Court and the Commission was not clear.
However, two joint meetings regarding this issue have taken place in 2009. The two organs
finally harmonised their interim rules of procedure and in particular points relating to
their complementarity;
the consultation mechanisms between the Court and the Commission;
their respective advisory opinion;
the seizure of the Court by the Commission;
representation of the Commission before the Court; and
points relating to content of the application and the transfer of procedure to the case
file to the Court by the Commission.
In 2004, the AU decided to integrate the African Court on Human and Peoples’ Rights with
the African Court of Justice (ACJ) out of the concern for the growing number of AU
institutions. The ACJ is not yet operational but it is intended to be the principal judicial
organ of the AU. While the courts should be merged, the AU Commission recommended that
the integrity of the jurisdiction of the two courts should be retained. The AU Commission
recommended administering the protocols governing the two courts by way of special
chambers, and by adopting a new protocol. This new protocol (“Protocol on the Statute of
the African Court of Justice and Human Rights”) was adopted by the AU Assembly of Heads
of States and Governments. Fifteen countries need to ratify it before a merged court can
come into force.107
107
The highlighted text is taken from: Claiming Human Rights - Guide to International Procedures Available in
Cases of Human Rights Violations in Africa http://www.claiminghumanrights.org/sadc.html).
REDRESS | REGIONAL MECHANISMS
31
Select target paragraph3
Add to table of contents