African Court on Human and Peoples' Rights
Encyclopedia
The African Court on Human and Peoples' Rights was a regional court that was created initially to make judgments on African Union
African Union
The African Union is a union consisting of 54 African states. The only all-African state not in the AU is Morocco. Established on 9 July 2002, the AU was formed as a successor to the Organisation of African Unity...

 states' compliance with the African Charter on Human and Peoples' Rights
African Charter on Human and Peoples' Rights
The African Charter on Human and Peoples' Rights is an international human rights instrument that is intended to promote and protect human rights and basic freedoms in the African continent....

.

It came into being on January 25, 2004 with the ratification by fifteen member states of the Protocol to the African Charter on Human and Peoples’ Rights Establishing the AfCHPR.

On July 1, 2008, at the African Union Summit of Heads of State and Government in Sharm El Sheikh, Egypt, the court merged with the African Court of Justice
African Court of Justice
The African Court of Justice was originally intended to be the “principal judicial organ of the Union” with authority to rule on disputes over interpretation of AU treaties....

 following a decision by member states at a June 2004 African Union Summit. The court is now known as the African Court of Justice and Human Rights.

Functions

  • Collect documents and undertake studies and researches on human and peoples’ rights matters in Africa;
  • Lay down rules aimed at solving the legal problems relating to human and peoples’ rights;
  • Ensure protection of human and peoples’ rights; and
  • Interpret all the provisions of the Charter.

Location

The Court was located in Arusha, Tanzania, as is the newly formed African Court of Justice and Human Rights. Arusha was also the location selected in 1996 for the International Criminal Tribunal for Rwanda
International Criminal Tribunal for Rwanda
The International Criminal Tribunal for Rwanda is an international court established in November 1994 by the United Nations Security Council in Resolution 955 in order to judge people responsible for the Rwandan Genocide and other serious violations of international law in Rwanda, or by Rwandan...

, which continues to function.

Election of Judges

On January 22, 2006, the Eighth Ordinary Session of the Executive Council of the African Union elected the first eleven Judges of the African Court on Human and Peoples' Rights
Judges of the African Court on Human and Peoples' Rights
The first Judges of the African Court on Human and Peoples' Rights were elected on January 22, 2006 at the Eighth Ordinary Session of the Executive Council of the African Union, held in Khartoum, Sudan...

.

Judges are normally elected for six-year terms and can be re-elected once. The President and Vice-President are elected to two-year terms.

The Court had its first meeting on July 2-5, 2006.

Judgements

On December 15, 2009, the Court delivered its first judgment, finding an application against Senegal inadmissible. The plans to merge with the African Court of Justice appear to be going slowly: as of December, 2009, only two countries have ratified the relevant protocol, out of 15 needed for its entry into force.

Composition of the Court

Name State Position Elected Term Ends
Gerard Niyungeko
Gerard Niyungeko
Gerard Niyungeko is a Judge of the African Court on Human and Peoples' Rights, a position he was appointed to in 2006.At the time of his election he was Professor of Law at the University of Burundi at Bujumbura. There, he holds the UNESCO Chair in Education for Peace and Conflicts Resolution. Dr...

 
 Burundi President 2006 2012
Sophia A.B. Akuffo   Ghana Vice-President 2006 2012
Jean Mutsinzi
Jean Mutsinzi
Jean Mutsinzi is a Rwandan jurist in the African Court on Human and Peoples' Rights. He was elected for a six-year term of office on January 22, 2006 at the Eighth Ordinary Session of the Executive Council of the African Union, held in Khartoum , Sudan.He was nominated in September 2008, as...

 
 Rwanda Member 2006 2012
Fatsah Ouguergouz
Fatsah Ouguergouz
Fatsah Ougergouz is an Algerian jurist who is a Justice on the African Court of Human and Peoples' Rights and was Secretary of the International Court of Justice.He holds several other positions:...

 
 Algeria Member 2010 2016
Elsie Nwanwuri Thompson  Nigeria Member 2010 2016
Sylvain Ore   Côte d'Ivoire Member 2010 2016
Duncan Tambala  Malawi Member 2010 2016
Augustino S. L. Ramadhani   Tanzania Member 2010 2016
Modibo Tounty Guindo
Modibo Tounty Guindo
Modibo Tounty Guindo is a magistrate who serves the Malian Ministry of Justice and sits on the African Court on Human and Peoples' Rights.He has acted as technical counsel to the Ministry of Justice and served as a member of the Malian delegation to the 2003 Conference of Governmental Structures...

 
 Mali Member 2006 2012
Bernard Ngoepe
Bernard Ngoepe
2-year termPosition at Time of Election: President of the Pretoria High CourtOther Positions Held*Chancellor, University of South Africa*Chairperson, Magistrates’ Commission...

 
 South Africa Member 2008 2014
Joseph Nyamihana Mulenga   Uganda Member 2008 2014

Former Judges

Name State Position Elected Term Ended
George W. Kanyeihamba
George W. Kanyeihamba
George W. Kanyeihamba was appointed a member of the Supreme Court of Uganda in 1997 and retired in November 2009. Previously, he served as minister of commerce, minister of justice, and attorney-general, all in President Yoweri Museveni's administration. He holds a Ph.D. in law from the University...

 
 Uganda Member 2006 2008
Jean Emile Somda
Jean Emile Somda
Jean Emile Somda was a judge from Burkina Faso who served on the African Court on Human and Peoples' Rights from 2006-2008.At the time of his appointment, he was on the Constitutional Council of Burkina Faso, which is the constitutional court of the country...

 
 Burkina Faso Member 2006 2008
Githu Muigai
Githu Muigai
Githu Muigai is the Attorney General of The Republic of Kenya. He holds a bachelor's Degree in Law degree from the University of Nairobi a masters degree in International Law from Columbia University School of Law. and was awarded a doctorate degree in law in November 2002...

 
 Kenya Member 2006 2010
Hamdi Faraj Fanoush
Hamdi Faraj Fanoush
Hamdi Faraj Fanoush is a judge from the Libyan Jamahiriya and served as a judge of the African Court on Human and Peoples' Rights from 2006 to 2010. He was appointed to the court in January 2006. He has also served as the Chief Justice of the Libyan Court of Appeal in Tripoli.From 1984 to 1997,...

 
 Libya Member 2006 2010
El Hadji Guissé
El Hadji Guissé
El Hadji Guissé is a Senegalese judge. Guissé began practicing law in 1970 and was elected as a judge to the African Court on Human and Peoples' Rights from 2006-2010. He has also worked in the United Nations.-References:...

 
 Senegal Member 2006 2010
Kelello Justina Mafoso-Guni   Lesotho Member 2006 2010

See also

  • European Court of Human Rights
    European Court of Human Rights
    The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...

     - regional court originally established in 1950
  • Inter-American Court of Human Rights
    Inter-American Court of Human Rights
    The Inter-American Court of Human Rights is an autonomous judicial institution based in the city of San José, Costa Rica. Together with the Inter-American Commission on Human Rights, it makes up the human rights protection system of the Organization of American States , which serves to uphold and...

     - regional court established in 1979
  • List of Linguistic Rights in Constitutions (Africa)
  • Linguistic rights
    Linguistic rights
    Linguistic rights are the human and civil rights concerning the individual and collective right to choose the language or languages for communication in a private or public atmosphere...


External links

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