African Court and East African Court commit to deepening human rights protection
To deepen the protection of human rights in Africa, judges of the African Court on Human and Peoples’ Rights and the East African Court of Justice have adopted strategic principles to ensure respect for the rights of the people.
The two judicial bodies have, therefore, embarked on knowledge sharing to enrich judicial jurisprudence and the protection of human rights across Africa.
Lady Justice Imani Daud Aboud, President of the African Court, and Justice Nestor Kayobera President of the East African Court jointly led a team of experts from their respective Courts to meet in Arusha, Tanzania to further deepen cooperation between the two Arusha-based courts.
Lady Justice Aboud in a document made available to the Communication for Development and Advocacy Consult (CDA Consult) in Tema at the weekend, stressed that the Court which is the judicial arm of the African Union was established to protect the human and peoples’ rights in Africa principally through the delivery of judgments.
She said the African Court by virtue of Article 1 of the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights (the Protocol) is to complement and reinforce the functions of the African Commission which is a quasi-judicial body charged with monitoring the implementation of the Charter.
Lady Justice Aboud noted that the African Court applies the provisions of the African Charter on Human and Peoples’ Rights and other human rights instruments ratified by the States concerned.
“African Court does not have criminal jurisdiction like the International Criminal Court,” she said.
The President of the African Court explained that its mission is to enhance the protective mandate of the African Commission on Human and Peoples’ Rights by strengthening the human rights protection system in Africa and ensuring respect for and compliance with the African Charter on Human and Peoples’ Rights, as well as other international human rights instruments, through judicial decisions.
“The Court bases its core values on the African Charter and other internationally recognized principles of human rights and the promotion of the rule of law,” she said.
Lady Justice Aboud stressed that the African Court continues to foster and uphold judicial independence from any partisanship, bias, or influence, whether it comes from States, NGOs, funding agencies, or individuals.
“Fair and impartial application and interpretation of the provisions of the African Charter, the Protocol, the Rules, and other relevant international human rights instruments continues to be the hallmark of the court,” she said.
The African Court President said, transparent and ethical accountability in the operations of the Court anchored the fundamental rights of every individual to enjoy basic civil, political, social, economic, and cultural rights are upheld.
She said the African Court also collaborates with relevant stakeholders in pursuance of its objective of protecting human and peoples’ rights.
“Non-discrimination and equality in performance of its work, based on the integrity of the Judges and staff working, it provides equal access to all potential users and it is responsive to the needs of those who approach it,” Lady Justice Aboud stated.
She said the African Court’s Strategic Objectives include the exercise of jurisdiction in all cases and disputes brought before it concerning the interpretation and application of the Charter, the protocol, and any other relevant human rights instruments ratified by the States concerned.
Collaborate with sub-regional and national judicial bodies to enhance the protection of human rights on the continent, and to enhance the participation of the African People in the work of the Court.
Lady Justice Aboud said the African Court also seeks to enhance the capacity of the Registry of the Court to be able to fulfill its mandate and to enhance the working relationship between the Court and the African Commission.
Justice Kayobera, President of the East African Court of Justice explained that the eastern bloc court is one of the organs of the East African Community (EAC) with major responsibility to ensure the adherence to law in the interpretation and application of and compliance with the EAC Treaty.
He said the Judges of the Court are appointed by the EAC Summit of the Heads of State or Government from among persons of proven integrity, impartiality, and independence holding high judicial office, or jurists of recognized competence, upon the recommendation of the Partner States.
Currently, eleven judges are serving in both the First Instance Division, which is headed by a Principal Judge and an Appellate Division whose work is directed by the President.
The Summit designates the President of the Court from among Judges of the Appellate Division on a rotational basis. The President heads the Court and presides over its sessions.
The Vice President, Principal Judge, and Deputy Principal Judge are similarly designated by the Summit on a rotational basis. The Judges so appointed shall not be nationals of the same Partner State.
All Judges except the President and Principal Judge serve on an ad hoc basis and they hold office for a maximum period of seven years or upon attaining seventy years. The current Judges of the Court are as follows:
The Court has jurisdiction over the interpretation and application of the Treaty. It also provides: Advisory Opinions; Preliminary Rulings to National Courts; and Arbitral awards if contracts and agreements confer jurisdiction
Rules of Procedure
The work of the Court is guided by rules including Rules of Procedure, Arbitration Rules, and Guidelines on Preliminary Rulings.
Registrar
The Registrar is a judicial officer responsible for the day-to-day administration of the business of the Court and oversight over other staff of the Court.