The Protocol is specifically about violations women experience and they are articulated
expansively. It is therefore unfortunate that there are thus far no communications sent
under the Protocol. Victims, survivors and groups on behalf of women must feel encouraged
to send submissions to the ACHPR under the Protocol.
4.4
ECOWAS Court
The Community Court of Justice of the Economic Community of the West African States
(ECOWAS) has only recently exerted its influence on a human rights matter. It issued a
landmark judgment of critical importance to women, on the issue of slavery.111
4.4.1 Mandate and Admissibility
The Economic Community of West African States (ECOWAS) was created in 1975 to replace
the Customs Union of West African States. The Community Court of Justice was established
in 1993. In January 2005, ECOWAS adopted a protocol to permit persons to bring suits
against Member States. At the same time, the jurisdiction of the Community Court was
revised to include review of violations of human rights in all Member States. 112
The admissibility criteria for accessing the ECOWAS Court are much less restrictive than the
general admissibility requirements for other regional and international human rights
mechanisms as listed in section 3 above. Article 10(d)(ii) of Supplementary 5 Protocol
A/SP.1/01/05 on the ECOWAS Court states that access to the Court is open to the
following:
a) individuals on application for relief for violation of their human rights; the submission of
application for which shall:
i) not be anonymous; nor
ii) be made whilst the same matter has been instituted before another
International Court for adjudication.
It is significant to note that exhaustion of domestic remedies is not a criterion for
admissibility. Indeed, the Court ruled as such in its judgment on Mme Hadijatou Mani
Koraou v. The Republic of Niger, when the State argued that the applicant had not
exhausted domestic remedies.113 For women victims and survivors of sexual violence and
other forms of violations in West Africa who find remedies at national level ineffective or
inaccessible, accessibility of a regional court without having to exhaust domestic remedies
is a significant advantage in their pursuit of justice.
4.4.2 Member States
The Member States of ECOWAS are Benin, Burkina Faso, Cape Verde, Gambia, Ghana,
Guinea, Ivory Coast, Liberia, Mali, Niger, Nigeria, Senegal, Sierra Leone and Togo.
4.4.3 Substantive Ruling on Slavery
The case of Mme Hadijatou Mani Koraou v. The Republic of Niger involved the sale of 12
year old Hadijatou Mani to El Hadj Souleymane as a slave to do household chores and
provide sexual services to the ‘master’. She was subjected to conditions of harsh labour
with no remuneration. She bore three children for the master. Nine years later El Hadj
Souleymane decided to ‘liberate’ and marry her. He therefore issued a ‘liberation
111
Mme Hadijatou Mani Koraou v The Republic of Niger, 27 October 2008, ECW/CCJ/JUD/06/08.
112
Solidarity for African Women’s Rights – A Guide to Using the Protocol on the Rights of Women in Africa, p. 65,
available at http://www.soawr.org/resources/Manual_on_Protocol_on_Women_Rights_in_Africa.pdf.
113
Mme Hadijatou Mani Koraou v The Republic of Niger, 27 October 2008, ECW/CCJ/JUD/06/08 ¶ 49.
REDRESS | REGIONAL MECHANISMS
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