Role of African Court of Human Rights in Protection of Human Rights

This regional system include different mechanisms and documents such as African Charter on Human and Peoples Rights,Commission on Human and Peoples Rights and African Court of Human and Peoples Rights. The Court as regional and judicial body was established by separate protocol that came into force in 2004 and formally inaugurated in 2006.

The Court has contentious and advisory jurisdiction. Its contentious jurisdiction is broder than other regional court such as European Court of Human Rights and Inter-American Court of Human Rights because it extends to disputes arising not only under The Charter and the Protocol establishing the court but also under any other relevant Human Rights instruments ratified by state concerned. On its face this broad language would permit the court to adjucate disputes between African states even with regard to non-African human rights instruments to which they are parties.

The courts contentious jurisdiction covered cases filed by African commission.According with article 5 of the Protocol state parties that are applicants and respondents in cases heard before the commission and individuals as much may also institute proceedings before the court. Provided the state party against which the case is filed previously recognized that right in  a separate declaration.

 According with article 4(1) of the protocol the court also has advisory jusridiction which include:

At the request of a member state of African Union,African Union,any of its organs,and any African organization recognized by African Union,the Court may provide an opinion on any legal matter relationg to the Charter or any other human rights instruments, provided that the subject matters of the opinion is not related to matter being examined by the commission.

Thus,African Court of Human and Peoples Rights has extensive jurisdiction which include contentious and advisory jurisdiction which has significant role in interpretation of documents and settlements of disputies.


Amir Bi Parva
Human Rights Activist