AFRICAN COURT TOLD TO RESPECT SOVEREIGNTY OF STATE PARTIES


The African Court on Human and People's Rights (AfCHPR) has been told to respect the sovereignty of its state parties. 

Prime minister Kassim Majaliwa said  countries which withdrew from some articles of the judicial organ should not be seen as rebellious. 

On the contrary, such state parties were only exercising their sovereignty and political rights as parties to the AfCHPR protocol. 

The prime minister made clear Tanzania's position in Arusha early this week when he was speaking at the opening of the Judicial Year of the Arusha-based Court.

He cited the contentious Declaration made under Article 34 (6) allowing individuals and NGOs to directly file cases before the Court.

"Withdrawal of the Declaration does not mean the parties were ditching the human rights principles", he said at the event graced by Nigerian Vice President Yemi Osinbajo. 

The premier admitted that withdrawals of some countries from the provision had elicited skepticism and bad faith from the side of the Court. 

"It has also sent bad signals on such countries' commitment as parties to the AfCHPR protocol. But they are simply observing their sovereignty", he pointed out. 

Tanzania is not only the host to the continental court but a signatory to the Protocol that found the judicial organ in 1998. 

Before the Court started operations in 2007 and relocated here in 2007, Tanzania signed the Declaration allowing its citizens and NGOs to file cases directly before it.

However, in November 2019, Tanzania ditched the Declaration on grounds that it had been implemented "contrary to the reservations it submitted when making this Declaration". 

Tanzania joined three other African Union (AU) member states; Rwanda, Benin and Cote d'Ivoire which withdrew from the Declaration between 2016 and 2020. 

Nevertheless, Mr.Majaliwa, who represented President Samia Suluhu Hassan at the well attended event, pledged the country's full support to the Court's mandate. 

"We support the Court in addressing human rights challenges affecting the continent. We are also committed to justice and rule of law", he pointed out.  

However, the Nigerian VP in his long speech, insisted that the role of the civil society (NGOs) in defending human rights in the continent. 

He praised the Court for achievements made since its inception but asserted that a lot has to be done to ensure that it successfully pushed ahead the human rights agenda. 

Prof Osinbajo said besides human rights protection, the African continent should yearn for peace, development and economic rights of its people.

"The role of the African Court is bringing up the Africa we want, promoting the Africa we want, Africa we should be proud of", he explained. 

AfCHPR President Lady Justice Imani  Daud Aboud said despite withdrawing from the key provision on NGOs, Tanzania has remained very supportive. 

"Tanzania should be lauded for hosting the Court. Tanzania is also keen on Africa's integration", insisted the former Judge of the Court of Tanzania. 

Donald Deya, the CEO of Pan African Lawyers' Union (Palu), an Arusha-based continental forum for lawyers, called for  the silencing of guns in Africa.

"There should be no more unconstitutional change of governments in Africa. There should be respect to the rule of law", he stressed.

Todate, only 31 countries out of 55 African Union (AU) member states have ratified the protocol that created the Court in 1998 while only eight are signatories to the NGO provision.





 

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