Coalition for an Effective African Court

The International Law Department of the International Relations Institute of Cameroon (IRIC) published a new book entiled: "The international protection of human rights in Africa. Dynamics, Challenges and Prospects, thirty years after the adoption of the African Charter of Human and Peoples".

This book is as its name suggests, a reflection on the African system for the promotion and protection of human rights, thirty years after the adoption of the Charter and when the African Commission on Human and Peoples' Rights breath on his 25th birthday. Edited by Prof. Alain Didier Olinga (Head of International Law Department of the IRIC), the book prefaced by Professor Alain Ondoua (Professor of Public Law at the University of Poitiers on secondment to the University Agency lof Francophonie) counted ten contributions, and has a total of 321 pages.

Here globally the skeleton of the book (which is written in French).

- General Introduction The gradual emergence of an African system of guaranteed human rights and peoples (Alain Didier Olinga).
The author examines the existence of an "African system "of protection and promotion of human rights, and the coherence of the system built on the African Charter.

Part I: The normative dynamic of the system

- The African Charter on Human and Peoples' Rights and its subsequent enhancements (Jean Cde Noël Atemengue).
The author revisits the Charter and its protocols, its current character and especially the work of adaptation of the Charter by the African Commission on Human and Peoples' Rights.

- The African instruments dealing with human rights outside the scope of conventional African Charter on Human and Peoples' Rights (Joel Jacques Andela).
Except the Charter, many other African instruments protect directly or incident human rights. The author presents it in substance.

Part Two: The constitutional dynamics of the system

- The quasi-judicial bodies (Rostand Banzeu).
After presenting the African Commission on Human and Peoples' Rights and the Committee on the Rights and Welfare of the Child, the author scrutinizes and analyzes the results of their work thirty years after the adoption of the Charter .

- The judicial bodies of the African system of promotion and protection of human rights (Apollin Koagne Zouapet).
Presenting judicial institutions present and future (both regional and sub-regional), the author reflects on the meaning of the appearance of the judge in the field of protection of human rights on the continent, and analyzes its role in terms of effectiveness, efficiency and effectiveness.

Part Three: The operational dynamics of the system

- The procedure of Submission before the Commission in Banjul (Martial Zanga and Fabrice Ayina).
The authors revisit the practice of the Court to see how it has interpreted and applied the rules relating to admissibility and jurisdiction in the examination of individual communications.

- The Reparation of damages in the African system for the promotion and protection of human rights (Michel Mahouve).
What are the sanctions in case of finding of a violation of human rights? These sanctions are they effective and actually implemented? These are the issues addressed by this article.

- Introductory remarks on the interpretation of the African Charter of Human and Peoples by the Commission in Banjul (Alain Didier Olinga).
In this article, the author scrutinizes the decisions of the Commission and the big spring characteristics of the interpretation of the Charter.

Part Four: The mutations and the future of the System

- Application of the African Charter on Human and Peoples Rights by the courts of the Regional Economic Communities (Sophie Baker Djoumessi Kenfack)
The author noting the emergence of the courts in the sub-regional economic organizations, analysis the mandate to protect human rights entrusted to them, their use of the Charter and the consequences for system consistency.

- The Inter-Institutional Complementarities in the African system of protection of human rights (Carole Valerie Nouazi Kemkeng).
The author considers the interrelations between the different components of the system of protection and promotion; gaps and voids of the proposed framework and solutions.

- Appendices. those will trace the main highlights of the evolution of the African system thirty years.

It was very exciting to participate in this research especially as Professor Olinga did me the honor to entrust the Secretariat of the project. This book is trying to be the starting point of a long series of studies of the Department of International Law IRIC, we invite you to browse through this book, it is our dearest wish, can bring something to the multiple ongoing debates on the continent. In this perspective, do not hesitate to send us your criticism, comments and observations.

An urgent briefing on the situation of Burundian refugees in Mtabila camp in Tanzania

10 August 2012 - On 21 July 2012, Tanzania’s Daily News reported that Tanzanian President, Jakaya Kikwete, had announced that “all refugee camps sheltering Burundian refugees would be closed down”. There was, the paper quoted him as saying, “no strong reason for the Burundians to stay […] when back home peace had been restored and life was back to normal in their motherland.”

The President’s comments intensified the fear and uncertainty that has been growing among Burundian refugees who have been living in Tanzania over the last number of years, but particularly those in Mtabila camp to whom the statement seemed to be chiefly directed. This population of approximately 38,000 refugees – most of whom fled Burundi in the 1990s – has been under mounting pressure to repatriate to Burundi. They have been threatened with termination of their refugee status, closure of the camp and subjected to restrictions on basic assistance, access to livelihoods and freedom of movement. On 31 July, a press statement from the Ministry of Home Affairs declared that “38,050 refugees” in Mtabila camp were to be “stripped” of their refugee status. This formal statement, referencing Article 4 of the Tanzanian Refugees Act and declaring that the camp would be closed on 31 December 2012, while not unexpected, brought the situation to a new climax.

This urgent briefing sets out some of the key challenges experienced by Mtabila’s refugees to date in the effort to close and vacate the camp. It focuses on the recent screening process, which was intended to identify who in the group required continued international protection prior to decisions on cessation. It concludes with a series of recommendations which could help to ensure that the outcome of the decision to declare cessation is one that increases peace and stability rather than exacerbates it.

Read the full briefing note here.

Dakar, Nairobi, Paris, 5 September 2012 – As the African Court on Human and Peoples’ Rights today begins a sensitization mission in Senegal, International Federation for Human Rights (FIDH) and its member and partner organisations, Rencontre africaine pour la défense des droits de l'Homme (RADDHO), Organisation nationale des droits de l'Homme (ONDH) and Ligue Sénégalaise des droits Humains (LSDH), call on the Senegalese national authorities to seize this opportunity to make firm commitments in favour of access to justice for victims of human rights violations.

In particular, our organisations call on Senegal to make a declaration under Article 34.6 of the Protocol establishing the African Court, thus enabling individuals and NGOs in Senegal to have direct access to the Court where domestic remedies have been exhausted in respect of State responsibility for human rights violations. In the absence of such a declaration, only the African Commission on Human and Peoples’ Rights (ACHPR), other States Parties to the Protocol and African intergovernmental organisations may, under specific conditions, seize the Court regarding human rights violations perpetrated in Senegal. “It is important to recall that Senegal was the first African country to ratify the Protocol establishing the Court. Today's visit has considerable symbolic meaning. The authorities must take this visit seriously and seize this opportunity to make a declaration under Article 34.6”, declared Alioune Tine, President of the RADDHO an organisation vice-chairing the Coalition for the African Court.

The adoption, in 1998, of the Protocol establishing the African Court on Human and Peoples’ Rights was a major step forward for the protection of fundamental rights in Africa. Operational since early 2009, the Court is mandated to monitor the compliance of States Parties with the provisions of African and international human rights instruments. This jurisdictional body, whose decisions are binding, is in this sense complementary to the ACHPR whose protection mandate it reinforces.

However, over 10 years after the adoption of the Court’s founding Protocol, only half of African states have ratified it, and only five of these have made an Article 34.6 declaration to date (Burkina Faso, Ghana, Malawi, Mali, Tanzania). The small proportion of states allowing NGOs and individuals to bring their cases directly before the Court seriously undermines the effectiveness of this body despite a clear appetite for its establishment. “Senegal has a key role to play in strengthening the African Court. The country cannot miss this opportunity to conform with its commitments” declared Assane Dioma Ndiaye, LSDH President.

FIDH Representative to the African Union, Mabassa Fall, declared: "The optimism about having an African mechanism mandated to provide justice to victims of human rights violations has unfortunately been replaced by disappointment generated by the lack of real commitment of African states towards a Court that is truly protective. In this regard, a declaration under Article 34.6 by a State such as Senegal, which, in the Hissene Habre case, has just taken strong acts to fight impunity, seems to be essential to the political coherence of this country".

Press contact : Arthur Manet (FIDH - Paris) + 33 1 43 55 90 19

JOHANNESBURG, 30 August 2012 - The International Commission of Jurists (ICJ) notes with concern reports of the alleged abduction of two war veterans, Messrs. António Alces Kamulingue and Isaias Sebastião Cassule, in Luanda, Angola on 27 and 29 May 2012, respectively by a group of men who were dressed in civilian clothing and who have been instrumental in the violent suppression of peaceful demonstrations in Angola. Though this group of men has been reported to the police, it would appear that this group acts with impunity. It is therefore feared that this group is associated with or acts with the acquiescence of the internal security police of Angola.

It is reported that the war veterans were preparing to participate in demonstrations calling upon the government of Angola to pay pensions and salaries owed to them. Furthermore, Messrs Kamulingue and Cassule were also reportedly participants in certain anti-government demonstrations that have been taking place in Luanda since March 2011 and which have been violently suppressed.

The constitution of Angola requires that the Republic of Angola as a state, be based on the rule of law and upholds the protection and promotion of human rights. The rights to freedom of assembly and expression are specifically guaranteed, along with compliance with international instruments, which guarantee these rights, of which Angola is a state party. Law enforcement agencies play an integral role in the protection of human rights and in taking action against human rights violators. Where law enforcement agencies neglect this critical duty, they contribute to the attack against the rule of law itself.

“People have the right to exercise their human rights and freedoms freely without intimidation, harassment or violent attacks against them. Members of society who boldly take on the role of human rights defenders are protected in terms of national, regional and international instruments”, commented Arnold Tsunga, Director of the ICJ Africa Regional Programme. “Enforced disappearances are a severe violation of human rights principles and are banned completely under international law where they constitute a continuing crime until resolved”, he continued.

The ICJ calls upon the government of Angola to urgently:
• Release Messrs Kamulingue and Cassule, if indeed they are in the custody of the Angolan authorities;
• Grant Messrs Kamulingue and Cassule access to legal counsel and their families in the event that the are charged with a recognizable criminal offence;
• Ensure that the matter of the enforced disappearance of Messrs Kamulingue and Cassule is thoroughly investigated, in the event that they are not in the custody of the authorities;
• Bring to justice those responsible for the abduction of Messrs Kamulingue and Cassule.

For further information, please contact Arnold Tsunga (Director: ICJ Africa Regional Programme) at [ This e-mail address is being protected from spambots. You need JavaScript enabled to view it ] or +27 73 131 8411 or +27 11 024 8268.