On March 22, 2022, Madagascar became the 33rd state to accede to the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights, as announced during a ceremony attended by African Court President Lady Justice Imani Daud Aboud. “This is an excellent development,” Aboud stated, urging Madagascar to also make the Article 34(6) Special Declaration to allow individuals and NGOs direct access to the Court. Only eight states—Ghana, Burkina Faso, Gambia, Guinea-Bissau, Malawi, Mali, Niger, and Tunisia—had deposited this declaration by March 2022, enabling direct case filings.
Role and Mandate of the African Court
The African Court, the judicial arm of the African Union, complements the African Commission on Human and Peoples’ Rights (Banjul Commission) by delivering binding judgments on human rights violations. “The African Court applies the provisions of the African Charter… and other human rights instruments ratified by the States concerned,” Aboud explained in a statement to CDA Consult in Tema. Unlike the International Criminal Court, it lacks criminal jurisdiction, focusing instead on civil, political, social, economic, and cultural rights. The Court operates alongside the European and Inter-American human rights courts, promoting the rule of law across Africa.
Call for Broader Ratification
Aboud called on the 25 state parties yet to deposit the Special Declaration—Algeria, Benin, Burundi, Cameroon, Chad, Côte d’Ivoire, Comoros, Congo, Gabon, Kenya, Libya, Lesotho, Mozambique, Mauritania, Mauritius, Madagascar, Nigeria, Rwanda, Sahrawi Arab Democratic Republic, South Africa, Senegal, Tanzania, Togo, Uganda, and Republic of Congo—to do so. “In the absence of such a Declaration, the application must be submitted to the Banjul Commission first,” she noted, which may refer cases to the Court after preliminary review. This step is critical for expanding access to justice for individuals and NGOs.
Core Values and Judicial Independence
The African Court upholds “judicial independence from any partisanship, bias, [or] influence,” whether from states, NGOs, or individuals, Aboud emphasized. Its core values include fair application of the African Charter, transparent operations, and protecting fundamental rights. “Fundamental rights of every individual… are upheld,” she stated, underscoring the Court’s role in fostering accountability and human rights across the continent. By 2022, the Court had handled 70 cases, issuing 55 judgments and 30 orders, per its annual report, addressing issues like freedom of expression and fair trial rights.
Implications and Future Outlook
Madagascar’s accession strengthens the African Court’s reach, but the low number of Special Declarations limits direct access for citizens, with only 15% of state parties allowing it, per a 2022 AU report. “The African Court continues to foster… the promotion of the rule of law,” Aboud told CDA Consult, urging further ratifications. The Court’s growing caseload, including high-profile rulings against states like Tanzania, signals its rising influence. As of March 2022, advocacy for broader adoption of the Protocol and declarations persisted, aiming to enhance human rights protections across Africa’s 54 nations.
