By Grace Bryant
Members of Legislature have met with the president of the African Court, Justice Imani D. Aboud and team on the establishment of African Court on Human and People Rights.
Speaking in a separate meeting with the leadership at their Capitol Building office, Justice Aboud said the Protocol of African Court, adopted in June 1988 in Ogadugu and entered into force on January 25, 2004, is responsible for the establishment of these institutions.
She said the African Court is a continental court whose mandate is to enhance the judicial protection of human and people’s rights in Africa, as stated in Article Two of the Protocol, and it complements the work of the African Commission on Human and People’s Rights, which has both a protective and promotional mandate.
“The court became operational in June and July 2006, with its temporary seats in Ababa until it moved to Tanzania, where it now has its permanent seat. Currently, the court has 4 out of 55 member states with status, and only 34 member states have ratified the Protocol establishing the court and out of the 34 member states that have ratified the protocol establishing the court.
“This declaration is necessary to allow individuals and NGOs of a particular member state to have direct access to the services of the African Court. It is worth noting that the Republic of Liberia signed the Protocol in 1998 but has yet to ratify it. The African Court exercises two types of jurisdiction, Contentious and advisory,” she said.
Justice Aboud furthered, “Its contentious jurisdiction extends to all cases that have been submitted before the Court concerning the interpretation and application of the African Charter, the protocol establishing the court, or any other international instrument relevant to human rights.”
She also explained that the Court’s advisory jurisdiction provides advisory opinions on any legal matter relating to the charter or any legally relevant human rights instrument, as long as it is not related to the matter being examined by the African Court on Humans.
Madam Aboud at the same time disclosed that the African Union’s Court of Peoples’ Rights is composed of 11 judges who are nationals of member states that have ratified the Court of War, and added, “The judges are elected in their capacities for a six-year term, renewable ones, and not necessarily served consecutively.”
She maintained that the President of the court works full time at the seat of the court, while the other ten judges work part-time as the court holds four marginalizations per annum, and all hold extraordinary sessions where it is necessary and where the resources allow to do so.
She asserted that the sessions are usually held at the seat of the court, but they can also take place in any other member state of the African Union, as the court has currently received 344 cases in contagious matters and 15 requests for advisor opinion and has delivered 406 decisions, including three with 237.
“We are facing several challenges in our work, including the low rate of ratification of the protocol. Out of the 55 countries, only 34 EU member states have ratified the protocol, which restricts access to the court by individuals and nongovernmental organizations, only eight member states of the African Union have allowed individuals and NGOs to access the direct service of the African Court, which is a significant challenge for the court as it goes against the objective of serving all Africans.
While another challenge is the lower rate of the Court’s decision, which is also a significant issue. Some of the decisions we’ve made are not beneficial to the state, and they don’t comply with them. This is a huge challenge for us, and we need adequate human and financial resources to address it,” she said.
“Therefore, I urge and request the Speaker of the House of Representatives and Pro-temp of the Liberian Senate to help us in this regard because we believe with their help, Liberia is expected to host the court soon.
Because, the House of Representatives plays a crucial role in ensuring that both public and private authorities respect the Constitution, and that the state complies with its primary obligation and the International Human Rights treaties it has ratified,” she added.
In response, both Speaker Koffa and pro-temp Karnga-Lawrence, in separate remarks, welcomed the delegation and assured their respective commitment to work alongside the court to ratify the protocol during this Legislature.
Both Speaker Koffa and pro-temp karnga-Lawrence further acknowledged the mutual goal of protecting human rights and recognized the potential benefits of collaboration, adding it is a means for Liberia to contribute to the broader mission of safeguarding the rights and dignity of all Africans.
