The judge president of the African Court of Human and People’s Rights and the ECOWAS Court of Justice criticized government commitments to safeguarding human rights across the continent, highlighting a troubling pattern of member states showing poor adherence to court rulings on human rights issues, reports The East African.
Less than 10% of hundreds of decisions handed down by the African Court during its 17 years of operation have so far been implemented by respondent states, according to the African Court’s incumbent President Judge Imani Aboud.
During the 77th Ordinary Session of the African Commission on Human and People’s Rights in Arusha, Aboud said African governments are displaying an apparent lack of political will to address fundamental deficiencies identified by the courts in their implementation of human rights protocols.
The records accessible on the African Court’s website indicate that, to date, the court successfully resolved 212 out of the 353 petitions submitted by individuals and civil society organizations, rendering 374 judgments and orders in cases related to civil rights.
The annual number of new applications reached its peak at 66 in 2019, but it has significantly declined since then, with only seven in 2022 and eight so far in the current year.
Established in 1998, the court commenced formal operations in 2006, initially located in the Ethiopian capital of Addis Ababa before permanently relocating to Arusha in 2007.
Aboud, a Tanzanian, urged members uncomfortable with the provision to reconsider their stances for the benefit of advancing human rights across the continent. During the conference in Arusha, she said the court faced a significant challenge in fulfilling its mandate to protect the Charter on human rights, which member states voluntarily endorsed, due to non-compliance with its decisions
Aboud’s sentiments were echoed by Judge Edward Amoako Asante, her counterpart from the ECOWAS Court of Justice in West Africa. Asante also voiced his concerns regarding “inconsistencies” in upholding court judgments in human rights cases throughout the continent.
The three-week African Commission conference started on October 20, and will continue until November 9, addressing a wide range of human rights issues spanning social, political, and economic aspects of the continent.