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12 - The Creation of a New African Court of Justice and Human Rights

Published online by Cambridge University Press:  01 July 2009

Ibrahima Kane
Affiliation:
Senior Lawyer for Africa Interights
Ahmed C. Motala
Affiliation:
Executive Director of the Centre for the Study of Violence and Reconciliation South Africa
Malcolm Evans
Affiliation:
University of Bristol
Rachel Murray
Affiliation:
University of Bristol
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Summary

Introduction

The election of the eleven judges of the African Court of Human and Peoples' Rights (‘the African Court’) in January 2006 marked a milestone in the protection of human rights in Africa. This momentous occasion occurred almost twenty-five years after the adoption of the African Charter on Human and Peoples' Rights (‘the African Charter’), which created a regional system for the promotion and protection of human rights.

The Protocol to the African Charter on Human and Peoples' Rights on the Establishment of the African Court on Human and Peoples' Rights (‘the African Court Protocol’) was adopted by the AU Summit in Ouagadougou, Burkina Faso, on 9 June 1998, and came into effect on 25 January 2004, thirty days after receipt by the AU Commission of the 15th instrument of ratification. The Protocol has currently been ratified by twenty-three States.

In July 2006, the Assembly of the African Union (‘the Assembly’) decided that the seat of the African Court shall be established in Arusha, Tanzania, and the Tanzanian Government has identified for the African Court the facilities currently being used by the International Criminal Tribunal for Rwanda (ICTR). While these facilities are of superior quality, having been converted and equipped by the United Nations, these are only likely to become vacant at the end of 2010, almost four years from now.

Type
Chapter
Information
The African Charter on Human and Peoples' Rights
The System in Practice 1986–2006
, pp. 406 - 440
Publisher: Cambridge University Press
Print publication year: 2008

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