African Court on Human and Peoples' Rights

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Individual and NGO Access to the African Court on Human and Peoples’ Rights: The Latest Blow from Tanzania

  Recently, reports emerged (here and here) that the Tanzanian government withdrew its declaration allowing individuals and NGOs to directly submit applications against it at the African Court on Human and Peoples’ Rights (AfCHPR). Tanzania’s Minister for Foreign Affairs and East African Cooperation Prof. Palamagamba Kabudi signed the notice of withdrawal on 14 November 2019, and the African Union Commission received it on 21 November 2019. Beyond the official withdrawal notice, the Tanzanian government has not made any additional statements clarifying or justifying its decision. Based on the timing, some have implied the withdrawal could be connected to a recent case (Ally Rajabu and Others v. United Republic of Tanzania) concerning Tanzania’s mandatory death sentence for murder convictions. However, considering the Court’s many judgments against Tanzania over the years (discussed below), it is more likely that this decision was in the making for quite some time. The human rights community has been swift in its response. 20 civil society organizations issued a joint statement and the…

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An Arusha-based World Court on Human Rights for African States?

  The Arusha-based African Court on Human and Peoples’ Rights (ACtHPR) enjoys a distinctively broad contentious jurisdiction extending to ‘all cases and disputes submitted to it concerning the interpretation and application of the Charter, this Protocol and any other relevant Human Rights instrument ratified by the States concerned’ (Article 3(1) of the Protocol to the African Charter on…

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The Rise and Rise of Political Backlash: African Union Executive Council’s decision to review the mandate and working methods of the African Commission

The latest African Union (AU) Summit, held in Nouakchott, Mauritania, from 25 June to 2 July 2018, has left the African Commission on Human and Peoples’ Rights (ACHPR) severely undermined. The Executive Council adopted Decision EX.CL/Dec.1015(XXIII), which endorses some worrying recommendations that emanated from the joint retreat, held in June, by the ACHPR and the Permanent…

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African Court on Human and Peoples’ Rights Delivers Landmark Ruling on Women’s Rights and the Rights of the Child in Mali

Introduction On 11 May 2018 the African Court on Human and People’s Rights (‘the Court’) issued its ruling in the case of Association Pour le Progrès et la Défense des Droits des Femmes Maliennes (APDF) and the Institute for Human Rights and Development in Africa (IHRDA) v Mali. This is the first judgment of the…

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Two Times Too Many: Botswana and the Death Penalty

Without wanting to trivialise the hard work needed to litigate human rights cases, it is often implementation that is considered the pinnacle of achievement. Put simply, it is one thing to convince a commission or court that a countries’ policies or actions contravene a human rights instrument, it is quite another for that country to implement the decision.

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