As the African Court on Human and Peoples’ Rights marks its 20th anniversary, Amnesty International has urged African Union (AU) member states to strengthen political, legal and financial support for the institution, warning that millions of Africans remain unable to access one of the continent’s most important human rights bodies.
The call coincides with the release of Amnesty International’s report, 20 Years of the African Court – Protect the Court, Protect the People, launched on International Justice Day.
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The report examines the achievements and ongoing challenges facing the court, which was established to hear cases involving alleged human rights violations and provide justice when remedies are unavailable at the national level.
Amnesty International’s Deputy Regional Director for East and Southern Africa, Japhet Biegon, said the court has become a critical avenue for individuals and civil society organisations seeking justice.
“The African Court is an essential judicial avenue for individuals and civil society organisations who cannot obtain prompt, effective and adequate remedies for human rights violations in their own countries,” said Biegon.
“Despite its challenges, the African Court has demonstrated dynamism and agility in examining the cases brought to it, developing strong jurisprudence and expanding the protection of human rights in Africa.
However, Amnesty said access to the court remains severely restricted.
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Only 34 of the AU’s 55 member states have ratified the protocol establishing the court, while just seven countries currently allow individuals and non-governmental organisations to file cases directly.
Five countries that previously allowed direct access, Benin, Côte d’Ivoire, Rwanda, Tanzania and Tunisia, have since withdrawn that right.
“It is vital that every AU member state ratifies the African Court Protocol and makes the declaration that would allow individuals and NGOs to directly access the court, so that the African Court is able to continue to protect human rights in a meaningful way for decades to come,” said Biegon.
Landmark rulings
Since becoming operational in 2006, the court has finalised more than 250 cases, including nearly 150 judgments determining whether human rights violations had occurred.
Many of its rulings have focused on fair trial rights, the prohibition of torture and ill-treatment, detainees’ rights and election-related disputes.
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Amnesty International highlighted several landmark judgments, including decisions that strengthened media freedom in Burkina Faso, affirmed the land rights of Kenya’s Ogiek indigenous community, advanced environmental justice in Côte d’Ivoire and, most recently, addressed discrimination and attacks against people with albinism in Tanzania.
Despite these milestones, Amnesty said countries in Southern, Central and North Africa remain underrepresented in the court’s work because of limited access.
Calls for greater accountability
The organisation also raised concerns about the slow implementation of the court’s binding judgments by some governments.
According to the report, delays in complying with court orders continue to undermine justice for victims, while AU institutions have not done enough to ensure member states implement the court’s decisions.
“We call on all states concerned to implement fully and effectively all judgments of the African Court issued against them, and on the AU to diligently monitor and practically ensure states’ compliance with the Court’s decisions,” said Biegon.
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Amnesty International also urged the African Commission on Human and Peoples’ Rights to make greater use of its powers to refer cases to the court, saying stronger cooperation between the two institutions would improve access to justice across the continent.
Based in Arusha, Tanzania, the African Court on Human and Peoples’ Rights comprises 11 judges elected by the AU Assembly and was established to protect and promote rights contained in the African Charter on Human and Peoples’ Rights and other regional human rights instruments. It officially began operating in July 2006.
