Legal Experts and Ministers of Justice meet on the Merger of the Courts
30-04-2008
The Meeting of Experts and Ministers of Justice/Attorneys General on Legal Matters took place 14 -18 April 2008 at the Plenary Hall of the AU Conference Centre in Addis Ababa. The meeting of Experts on Legal Matters took place first 14 - 17 April while the meeting of the Ministers of Justice and Attorneys General on Legal Matters was held on April 18, 2008.
The Experts on Legal matters considered the following items and made recommendations to the Ministers of Justice and Attorneys General on Legal Matters:
• Single Legal Instrument on the Merger of the African Court on Human and Peoples’ Rights and the Court of Justice of the African Union; (Document Ex.CL/253 (IX) Rev. 1)
• Draft Statute of the AU Commission on International Law (Document MinJustice/Legal 3); and
• Study on the Harmonisation of Ratification Procedures in Member States (Document MinJustice/Legal 4). (Report on the Status of OAU/AU Treaties: Additional reference document for information only (Document Ex.CL/371(XII) Rev. 1))
In his opening statement, to the meeting of Ministers of Justice/Attorneys General on Legal Matters, His Excellency, Mr. Patrick Mazimhaka, on behalf of the Chairperson of the Commission of the African Union, emphasised the important role the legal systems in the AU member States and Ministries of Justice will have to play in the establishment of the Union Government. In this regard, the political and economic integration of Africa will require harmonized legal systems.
He concluded by stating: “The importance of the work before you can hardly be overemphasised. It is my ardent hope that you will be able to critically analyse the documents before you and come up with concrete recommendations. It is our expectation that the Draft Protocol on the merger of the African Court and the Court of Justice will be part of the documents that will be presented to the Executive Council and the Assembly of the Union in Sharm El Sheikh, Egypt in July 2008 for consideration and adoption. Thereafter, following due signature, another vital organ of the African Union will be firmly in place. It is also my hope that the outcome of your deliberations on the AU Commission on international Law as well as on the Study on ratification procedures of Member States will enable us overcome the obstacles that seem to impede the ratification of treaties and their speedy entry into force.”
In summary, the outcome of the meeting made important recommendations affecting the African Court on Human and Peoples’ Rights as follows:
• While the legal experts proposed direct access for NGOs and Individuals, the ministers are still in support of the current provisions in Art 34(6) of the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights, provides that State parties shall make a declaration accepting the Court to receive cases directly from NGOs and individuals.
• The composition of the court has been increased to 16 from 11.
• The clause allowing Assembly of Heads of States and Government to confer on the Court the power to have jurisdiction has been deleted.
The 13th Ordinary Session of the Executive Council scheduled for Egypt, in June/July 2008 will also oversee the election of new members of the African Court on Human and Peoples’ Rights. State parties have until 30 April to send in their nominations.
For more details please visit the African Union Website.