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
states' compliance with the African Charter on Human and Peoples' Rights
.
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
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.
, which continues to function.
.
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.
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 RwandaInternational 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' RightsJudges 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 RightsEuropean Court of Human RightsThe 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 RightsInter-American Court of Human RightsThe 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 rightsLinguistic rightsLinguistic 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
- Official website of the African Court on Human and People's Rights
- Biographies of AfCHPR Judges
- African International Courts and Tribunals Website
- Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights
- African Court on Human and Peoples' Rights: Ten years on and still no justice (2008), London, Minority Rights Group
- Coalition for an Effective African Court on Human and Peoples' Rights
- The African Court on Human and Peoples’ Rights, American Society of International Law, ASIL Insight, September 19, 2006, Volume 10, Issue 24