(2017) 1 African Human Rights Yearbook
173
issued its first ruling in 2009 and the Rules of Procedure of the Court
were adopted in 2010. Until now, only a handful of states20 have made
the declaration recognising the competence of the African Court to
receive cases brought by individuals, which was the most significant
development in human rights protection in Europe. A feature of the
African human rights system with a Commission as well as a Court is
that the two organs are quite independent from one another. There is
even a certain competition between them, even if the trend is toward
greater co-operation, as the Court will hopefully assume a greater role.
Work is ongoing21 concerning the possibility for the Court to deal with
international criminal cases, following the criticism – very common in
Africa – that the International Criminal Court is prejudiced towards
Africa.22
Until September 2017, the African Court has issued decisions in 38
cases and given three interpretations of judgements; it has 88 pending
cases.23 This number is very low considering the size of the African
continent and we can see that the degree of enforcement varies. For
instance, recent decisions by the Court show partial, almost full or no
follow-up at all. In the joined Application 9 and 11/2011 Tanganyika
Law Society and Legal and Human Rights Centre and Reverend
Christopher Mtikila v Tanzania (13 -14 June 2013), Tanzania was
ordered to take constitutional, legislative and other measures within a
reasonable time to remedy the violations, as well as to publish the
judgment in a specified manner. The judgment was published to some
extent but no other measures had been taken by the end of 2016.24 In
other cases against Tanzania,25 the country had not reported on any
measures taken.26 As for Burkina Faso (Zongo & others, Application
13/2011), the country had met with requirements to pay compensation
as well as enabled the case in question to be reopened in the national
courts, leading to the prosecution for murder of the indicted persons.
However, in this case, the country had not adequately published the
ruling of the Court.27 A pattern that has been observed is that states
often do abide by the obligations set by the specific decision but do not
take actions to deal with the underlying root causes of violations.
The African Union (AU) shows evidence of potential as a regional
integration organisation but has until now fewer accomplishments of
20
Benin, Burkina Faso, Côte d’Ivoire, Ghana, Mali, Malawi, Tanzania, Tunisia.
To this end, the AU Assembly of Heads of State and Government in June 2014
adopted the Protocol on Amendments to the Protocol on the Statute of the African Court
of Justice and Human Rights (Malabo Protocol), which includes as an Annex an
amendment to the Statute of the African Court, 27 June 2014. As of July 2017, 10
countries had signed but none have ratified the Protocol.
22
http://en.african-court.org/index.php/about-us/jurisdiction (accessed 10 October
2017). This was a common theme brought up by our interlocutors during interviews.
23
http://en.african-court.org/index.php/12-homepage1/1-welcome-to-the-africancourt (accessed 10 October 2017).
24
African Court Activity Report 2016 (EX.CL/999(XXX), 22-27 January 2017
25
Thomas v Tanzania, Application 5/2013 (20 November 2015), Nganyi and 9 Others
v Tanzania, Application 6/2013 (18 March 2016) (n 24 above).
26
African Court Activity Report 2016 (n 24 above).
27
African Court Activity Report 2016 (n 24 above).
21
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents