1) Citation
Meaning
Reasons for Citation / importance of citations
Types of Citation
Introduction
Meaning of human rights
Human rights refer to a set of fundamental values and entitlements that belong to every
individual, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. These
rights include the right to life and liberty, freedom from slavery and torture, the right to express
opinions and beliefs, the right to work and receive education, and many more. The Universal
Declaration of Human Rights (UDHR), adopted by the United Nations in 1948, is a common standard
for achieving these fundamental human rights. Since then, various international human rights laws
have been established to promote and protect these freedoms and rights. The African system of Human
rights is based on the African Charter on Human and People’s Rights. The Jurisdiction on Human
Rights matters in Africa can be undertaken through three bodies which are; The African Commission
of Human Rights, The African Committee on the Rights and Welfare of the Child, and African Court
of Justice and Human Rights.1
THE COMMISSION OF HUMAN RIGHTS
According to article 30 of The African Charter on Human and People’s Rights which was adopted on
27, June 1981. The commission was to be established whereby the article says “within the
organization of African Unity to promote human and People’s Rights and ensures their protection in
Africa.”2 This commission has several function ns as well as explained under the article 45 of the
Charter. For example; to ensure the protection of Human and people’s Rights under the conditions laid
down by the present Charter, to interpret all the provisions of the present charter at the request of a
State Party, an institution of the OAU or an African Organization recognized by OAU, and to promote
Human and people’s Rights and in particular ( through collection of documents, undertaking the
1
Freeman, Michael. Human Rights: An Interdisciplinary Approach, (Cambridge: Polity, 2002)
2
Africa Charter article 30
studies and researches on African problems in the field of Human and People’s Rights), (also,
formulation and laying down of principles and rules aimed to solve the legal problems relating to
Human and People’s Rights), (also, cooperate with other African and International Institutions
concerned with promotion and protection of Human and people’s Rights).3
THE AFRICAN COMMITTEE ON THE RIGHTS AND WELFARE OF THE CHILD
This is the first and the only Child Rights Treaty Body in the world with the competence to receive
complaints against States. It was established by article 32 of the African Charter on the Rights and
Welfare of the Child. Its first members were elected in July 2001 after the coming into force of the
African Charter on the Rights and Welfare of the Child on 29 th, November 1999. The Committee has
both subject matter and territorial jurisdiction on communication field before it by either states that
have not ratified to the Charter against as state that has ratified the Charter, victims or any other
interested party ones it could be proven that it is in the best interest of the child. Also, the committee
convenes twice a year for three days. Usually, these sessions are held in ADDIS Ababa, Ethiopia and
are open to the public, Non -Governmental and Civil Society Organizations (NGOs and CSOs). The
State Parties to the African Charter on the Rights and Welfare of the Child are supposed to submit an
initial report within two years of ratification of the Children’s Charter and every three years after that.
NGOs and CSOs also African Committee of Experts on the Rights and Welfare of the Child encourage
children’s participation in protection and promotion of the rights of children in Africa.
THE AFRICAN COURT OF JUSTICE AND HUMAN RIGHTS
In 2008 the Assembly of the Union met to adopt the protocol on the statute of the African court of
Justice and Human Rights. The protocol merged the former African Court on Human and People’s
Rights and the Court of Justice of the African Union and formed a single court known as “The African
Court of Justice and Human Rights” under article 2 of the protocol. 4 The Court established under
article 1 of the Protocol5 whereby it has two sections that is a General Affairs Section composed of 8
judges and a Human Rights Section composed of 8 judges. The General Affairs Section is competent
to hear all cases submitted under article 28 of the Statute of the African Court of Justice and Human
Rights. The Human Rights Section is competent to hear all cases relating to Human and/or people’s
Rights.6
3
ibid
4
The Protocol on the Statute of the African Court of Justice and Human rights, article 2
5
The Protocol to the African Charter on Human and People’s Rights, article 1
6
The Statute of the African Court of Justice and Human Rights, article 28
At the first time the Non-Governmental Organizations and individuals were able to institute the
violation of human rights in African Court of Justice and Human rights, according to article 5(3) of the
Protocol of African Charter on Huma and People’s Rights. 7 But in current situation, Tanzania has
departed from the case that an individual can access the African Court of Justice, due to the increase in
the high number of cases concerning human Rights presented before the Court by Tanzanians. For
example, the report of 2022 shows that Tanzania had a total of 156 cases presented in the Court, in
2017 it was shown that a total of 78 cases were pending, moreover it is on record that by September
2019 Tanzania had 28 decisions out of all 70 verdicts determined by the African Court. This means
that the 40 percent of the decisions were from Tanzania, and this shows that Tanzania used the African
Court as an international enforcement mechanism of human and people’s rights.
CRITERIA FOR ACCESSING THE AFRICAN COURT OF JUSTICE AND HUMAN
RIGHTS:
1. Jurisdictional Connection8. The court must have jurisdiction over the parties involved in the
human rights dispute or over the geographical area where the alleged violation occurred. This may
depend on various factors such as nationality, residence, or place of business of the parties, or the
location of the human rights violation.
2. Admissibility9. The case must be admissible before the court. This means that it must not be
inadmissible under the court’s rules due to reasons such as exhaustion of local remedies, lack of
individual or collective interest, or non-exhaustion of diplomatic channels.
3. Admissibility under Human Rights Instruments. The human rights violation must fall within the
scope of the regional human rights instrument that establishes the jurisdiction of the court. For
example, some courts may only have jurisdiction over civil and political rights, while others may also
cover economic, social, and cultural rights.
4. Admissibility under International Law10. The human rights violation must also be considered
admissible under international law. This means that it must meet certain standards such as being grave
and serious enough to warrant international attention and intervention.
7
The Protocol of African Charter on Human and People’s Rights, article 5(3)
8
Article 56(1) of the African (Banjul) Charter on Human and Peoples’ Rights.
9
Ibid Article 56(2)
10
Ibid Article 56(7)
5. Timeliness11. The application to access the court must be filed within a reasonable time frame after
the human rights violation occurred. This is to ensure that evidence is still available and that justice
can be served in a timely manner.
6. Cooperation from States. The cooperation of states is essential for effective access to regional
human rights courts. States are expected to respect and implement judgments rendered by these courts
and to provide necessary assistance in executing them. Failure to do so can result in sanctions or other
measures taken by international organizations or other states.
7. Resources. Accessing a regional human rights court can be resource-intensive for individuals and
organizations bringing cases before it. They may need legal representation, financial resources for
travel and other expenses, and support from civil society organizations or international bodies to
effectively advocate for their cause before the court.
EXCEPTIONS IN AFRICAN COURT JURISDICTION ON HUMAN RIGHTS MATTERS
The African Court on Human and Peoples’ Rights (AfCHPR) has jurisdiction over human rights
matters in Africa. However, there are exceptions to its jurisdiction12. The main exceptions include:
Individuals and NGOs. The AfCHPR does not have automatic jurisdiction to hear cases brought by
individuals or non-governmental organizations (NGOs). Instead, cases can only be brought before the
court by African states that have ratified the protocol establishing the court.
Non-Ratification of the Protocol. Countries that have not ratified the protocol establishing the
AfCHPR are not subject to its jurisdiction. This means that individuals and entities in those countries
cannot bring cases before the court.
Reservations and Declarations. Some African states may make reservations or declarations when
ratifying the protocol establishing the AfCHPR. These reservations or declarations can limit the
jurisdiction of the court in certain matters.
Immunities. The AfCHPR does not have jurisdiction over matters involving immunity of heads of
state or high-ranking government officials. This is in line with international law principles regarding
immunity for state officials.
Non-Compliance with Decisions. If a state fails to comply with a decision of the AfCHPR, it may
lead to limitations on the court’s jurisdiction over that particular state in future cases.
In conclusion, regional jurisdictions play a crucial role in addressing human rights matters within
specific geographic areas. However, accessing regional courts requires meeting certain criteria and
navigating potential exceptions that may limit access to justice through these mechanisms.
11
Ibid Article 56(6)
[Link]
12
=what+are+eception+of+Africa+Jurisdiction
REFERENCE
CHARTER
African (Banjul) Charter on Human and Peoples’ Rights.
The Protocol on the Statute of the African Court of Justice and Human rights.
BOOK
Freeman, Michael. Human Rights: An Interdisciplinary Approach, (Cambridge: Polity, 2002)
ONLINE SOURCES/INTERNET SOURCES.
[Link]
=what+are+eception+of+Africa+Jurisdiction