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African countries reluctant to accept Court on Human Rights
Friday, 12 November 2010 15:37
The president of the African Court on Human and People's Rights, Hon. Gerard
Niyungeko, has decried the difficulties hampering the work of the court, making it virtually under used. "The main problem confronting the Court today is that it is not being used as it should be in its judicial work, which is its key function," Niyungeko told state delegates and representatives of Non-Governmental organizations attending the 48th Ordinary Session of the African Commission, underway in Banjul.
In a continent where human rights violations have become a common practice, such a statement will no doubt provoke confusion in the public opinion as the establishment of an effective justice is hindered by this situation.
"Indeed, so far, the Court has settled only one case in connection with a petition lodged by a private individual against a State, which had not even recognized the jurisdiction of the Court to entertain petitions from private individuals."
He blamed it all on the low level of ratification of the Protocol and the very low level of adherence to the special declaration authorizing individuals and NGOs to refer matters directly to the Court.
"Of the 53 member states of the African Union, all parties to the African Charter on Human and Peoples' Rights, only 25 have so far ratified the Protocol to establish the Court. Out of the 25 States parties to the Protocol, only four, namely, Burkina Faso, Mali, Malawi and Tanzania, have already made the special declaration accepting the jurisdiction of the Court to examine applications lodged by individuals and NGOs," Niyungeko revealed.
He spared no words to denounce this "paradoxical situation where member states of the African Union have set up an African Court on Human and Peoples' Rights and provided it with the minimum resources necessary for operation, while significantly limiting access to the Court by the main groups concerned which are individuals and NGOs."
Despite numerous appeals made by the Court in order to accelerate the process for the ratification of the Protocol and signing of the special declaration authorizing direct access by private individuals, member states are still reluctant to take a step in the right direction. To remedy this situation, Niyungeko said, the Court is "planning to organize awareness campaigns in the states notably through a programme to pay visits to the highest authorities of member states, along side the sensitization efforts of civil society organizations in the countries."
Needless to say, that his statement has left a negative impact on civil society groups and human rights activists. For many observers, without free access to the institution by its target group, it will be practically impossible to make it operational. There is clearly an urgent need to move towards authorizing NGOs to refer matters directly to the Court.
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Comments
Our leaders knows very well that if they commit themself, then they will be the first victims because of the way they rule.
Please let me be corrected if I am wrong as thats the way i see things.
May God help Africa.
This will have positively impact on political stability in the continent; & on the economies of the donor countries especially in Europe where most of the refugees head to in times of strife; exerting pressure on the resources of host countries in resettling the refugees as well as prevent/avert the social unrests this brought with the discontent of some of their local citizens. Most economic migrants & some educated African elites, most of who are forced into migration due to tyrannical repressions will stay & work in home countries for economic & social prosperity which will positively impact globally in general.
Comment
This is where the help & collaboration of our donors & grantors are immensely needed. Instead of giving loans & grants for gaining political & economic influences, the funds, loans & grants should be attached to all African country recipients’ recognising the jurisdiction of this court for judicious dispensation of justice to all in the continent; particularly in issues perpetrated by the despotic/tyrannical leaders. Then some greedy African leaders, most of whom use these loans & grants for their selfish endeavours will have no other choice but comply/risk being voted/ousted out of office if they should refuse. Only through this can the creed of humanity be brought to a level worth of human dignity; at par with rest of the civilised world.
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