The African Court of Human and People's Rights (AfCHPR) has reiterated its growing concern on non-kexecution of its rulings.
The judicial organ of the African Union (AU) maintains that the setback was a threat to the human rights protection system in the continent.
"The challenges are numerous as evidenced by the high percentage of decisions that remain unimplemented", said the President of the Court Justice Sylvain Ore.
Recent withdrawals of the Declaration that allow individuals and non-governmental organizations (NGOs) to file cases directly to the Court by some states have compounded the situation.
Non-execution of the Court rulings and withdrawals from the key provision on direct access to the Court by individuals and NGOs, he said, suggests a crisis of trust.
Justice Ore amplified her position on the contentious Declaration in his New Year message released by his office to the media yesterday.
He said until now almost all
applications in respect of human rights violations have emanated from individuals and NGOs across the African continent.
Since it started its judicial work 15 years ago, the Arusha-based continental Court has received about 300 cases, half of them filed from Tanzania.
However, there had been concern that many of the Court decisions have not been implemented by the states which are party to the African Court protocol.
Todate, 31 out of the 55 AU member countries have ratified the Protocol that established the African Court; established to handle cases pertaining to human rights violations.
Currently only six countries - The Gambia, Ghana,Burkina Faso, Malawi, Mali and Tunisia are signatories to the Declaration on direct access by NGOs and individuals.
Tanzania, Cote d'Ivoire,Benin and Rwanda pulled out of the provision in the last four years.Tanzania insisted the clause had been implemented contrary to the reservations it submitted earlier.
The AfCHPR President emphasized that non-execution of the decisions of the bodies vested with human rights mandate impinge on human rights protection.
"There is still time to initiate serious reflections on the future of our decisions in order to raise (through their implementation) human rights protection", he stressed.
He added" "Without a judicial culture, respect for human rights and for the laws that constitute the key link to the rule of law and peace will be but an illusion".
Justice Ore noted that regardless of the setbacks the Court would continue to persuade states which are parties to its protocol to stick to its mandate.
According to him,in the absence of the Declaration, individuals and NGOs can petition the Court through the African Commission on Human and People's Rights.
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