Coalition for an Effective African Court

Ghana became only the fifth African state party to date to allow for direct access to the African Court on Human and Peoples' Rights. This means that Non-governmental organisations with observer status at the African Commission and ordinary individuals can directly approach the Court – but only when the State Party against which the complaint is lodged has made a declaration allowing individuals or non-governmental organisations access.

The four other countries that made the declaration are Burkina Faso, Mali, Malawi and Tanzania.

The African Court and the African Commission held their third joint meeting in Arusha, Tanzania from 27 to 29 April 2010, to discuss their respective rules of procedure of the Court relating to complementarity. This meeting follows previous meetings in Arusha and Dakar in July and September 2009 respectively. The African Commission was represented by Commissioners Alapini- Gansou (chairperson), Malila (deputy chairperson), Maiga and Khalfallah, while the Judges Mutsinzi (president), Niyungeko, Mafoso-Guni, Mulenga and Modibo-Tounty represented the African Court.

Aspects of the rules affecting both institutions relate to co-operation between themselves and the procedures in the instances of case referrals.

Both bodies agreed that they would meet at least once a year, with the possibility of the bureaux of both institutions meeting as often as required. The African Court would consult the African Commission on amendments relevant to the rules of procedure. Significantly, the bodies agreed that the African Court may in the instance of a matter that originated at the African Commission hear the individual or NGO that initiated the matter under Article 55 of the African Charter (these are communications submitted by individuals and NGOs).

The current interim rules of procedure of the African Court are under revision.