AFRICAN COURT ON RENEWED DIPLOMACY FOR SIGNATURES ON NGO CLAUSE

 

BY GRACE MACHA IN ARUSHA

The African Court on Human and People's Rights (AfCHPR) has embarked on a new drive to seek support for its disputed Declaration on NGOs.

A high powered mission of the judicial organ is heading to West Africa to convince countries why the provision was a necessity.

The Declaration 34 (6) of the Court allows non-government organizations (NGOs) and individuals to file cases before the legal facility.

The mission will be led by the President of the African Union (AU) judicial organ based in Arusha Lady Justice Imani D. Aboud.

The sensitization mission will be in Mauritania from August 15th to 18th, said a statement issued by the Court Registrar Dr. Robert Eno.

"The mission is to encourage Mauritania to deposit the Declaration to allow individuals to

access the Court directly’’, stressed Dr. Eno.

She added that the success of the Court as a human rights protection mechanism requires a

wider ratification of the Protocol by member states.

This should, among others, include acceptance of the competence of the Court, by making the declaration under Article 34(6).

The universal ratification, she pointed out, will give the Court the legitimacy it needs " to effectively discharge its mandate".

Mauritania acceded to the Protocol on the African Charter on Human and Peoples’ Rights that established the AfCHPR on December 14th, 2005.

However, the West African desert country is yet to deposit the Declaration under Article 34(6) that will directly access its nationals or NGOs to the Court

To date the AU states that have deposited the Declaration so far are Burkina Faso, Gambia, Ghana, Guinea Bissau, Malawi, Mali, Niger and Tunisia.

The Declaration has in recent years divided the 55 member AU bloc, signalling its unpopularity among the African leaders.

While the majority of AU members  have shunned it, other countries like Tanzania which signed it have withdrawn.

The provision was a subject of discussion at the forum of  lawyers from Africa recently with speakers calling for the Court to act on the matter.

They said failure by the African states to sign the clause was a setback in delivery of justice and could open gates for human rights violations.

It also undermined enforcement of the African Charter on Human and Peoples' Rights which guarantees citizens of their fundamental rights.

In 2019 Tanzania, the host country, in 2019 joined Rwanda, Benin and Cote d'Ivoire in ditching the controversial clause.

Lady Justice was last month quoted saying the judicial organ would not relent in ensuring the Court wins the support of all AU members.

"As a human rights protection mechanism, we require a wider ratification of the Protocol by member states", she said.