Mauritania to join gallant African Countries to have deposited African Court Declaration
Mauritanian Prime Minister, Mohamed Ould Bilal has assured the African Court that the country is ready to soon join the group of gallant African Countries who have deposited the Declaration to allow individuals access to the Continental Court directly.
The gallant African Countries which have boldly deposited the Declaration so far are Ghana, Burkina Faso, Gambia, Guinea Bissau, Malawi, Mali, Niger, and Tunisia, according to an African Court document made available to the Communication for Development and Advocacy Consult (CDA Consult) in Tema has established.
“Mauritania is committed to human rights and the rule of law, and commend the African Court in deepening human rights on the continent, Mauritania greatly appreciates the work of the Pan African Judicial Organ in protecting human rights,” Prime Minister Bilal stated during a meeting with African Court delegation headed by its President, Lady Justice Imani Daud Aboud, in Nouakchott, Mauritania.
The African Court delegation was in Mauritania for a three-day sensitization mission to encourage the North-West African country to deposit the Declaration.
Prime Minister Bilal expressed confidence that Mauritania will soon join the gallant African Countries.
The African Court President commended the government of Mauritania for the assurance to deposit the declaration, stressing “I am convinced that Mauritania is on its right course to uphold human rights and will shortly deposit the Declaration to allow Mauritanians access the Court directly”.
Lady Justice Aboud reiterated that the success of the African Court as a human rights protection mechanism requires a wider ratification of the Protocol by Member States, as well as their acceptance of the competence of the Court, by making the declaration under Article 34(6).
Mauritania acceded to the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights on December 14, 2005, but is yet to deposit the Declaration under Article 34(6).
According to the African Court records only 33 Member States have currently ratified the Protocol establishing the African Court. Out of these, only 8 described as gallant States have accepted the competence of the Court according to its Article. 34 (6), according to which individuals and NGOs can directly file cases to the African Court.
In the absence of such a Declaration, the application must be submitted to the Banjul Commission first, which may then – after preliminary examination – decide to refer the case to the Court.
The 25 States which are yet to deposit the Declaration are Algeria, Benin, Burundi, Cameroon, Chad, Cote d’Ivoire, Comoros, Congo, Gabon, Kenya, Libya, Lesotho, Madagascar, Mozambique, Mauritania, Mauritius, Nigeria, Rwanda, Sahrawi Arab Democratic Republic, South Africa, Senegal, Tanzania, Togo, Uganda and Republic of Congo.
Article 34 of the Protocol [Ratification] stipulates that “at the time of ratification of this Protocol or any time thereafter, the State shall make a declaration accepting the competence of the Court to receive cases under Article 5(3) of this Protocol.
“The Court shall not receive any petition under article 5(3) involving a State which has not made such a declaration.”
Article 5(3) states as follows: “The Court may entitle relevant Non-Governmental Organizations (NGOs) with observer status before the Commission, and individuals to institute cases directly before it, in accordance with article 34(6) of this Protocol”.