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Continent govts yet to ratify African Court protocol

Monday May 25 2015
judge rama

African Court on Human and Peoples’ Rights president Augustino Ramadhani. He has faulted governments in the continent for failure to ratify the protocol that saw the creation of the Court despite establishing it. PHOTO | SONJA LEGUIZAMON

The African Court on Human and Peoples’ Rights has faulted governments in the continent for failure to ratify the protocol that saw the creation of the Court despite establishing it.

The Court’s president Augustino Ramadhani said it is a “shame” that of the 54 African Union member states, only 28 are State Parties to the protocol.

Of the 28, only seven have deposited the declaration required for the Court to have jurisdiction to handle cases from the countries.

“Unfortunately, the majority of cases received by the Court either involve states that have not ratified the protocol or are brought by individuals and NGOs againts States that have not deposited the declaration required by Article 34 (6) of the protocol that would allow individuals and NGOs to bring directly to the Court claims against the states,” Justice Ramadhani said.

So far 38 contentious applications have been filed in Court, 10 judgments made, four cases referred to the African Commission on Human Rights, four struck out while 15 are pending.

Among the cases that are pending is the one involving 10 Kenyans who complained of forceful arrest and extradition from Mozambique to face robbery with violence charges in Tanzania.

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The case, being handled by lawyer Don Deya from Pan African Lawyers Union on behalf of the Kenyans, was heard last Thursday in Arusha.

The African Court on Human and Peoples' Rights judges are to rule on issues raised by the complainants and Tanzanian government defence within the next three months.

The Court has also handled eight requests for advisory, one of which has been withdrawn, four struck out while three are pending.

Justice Ramadhani told The EastAfrican in an interview in Arusha on Saturday that the Court is carrying out campaigns to create awareness of its existence, functions, access and what each stakeholder can do to ensure human rights are observed in the continent.

“We have since visited 25 countries for sensitisation but the tours have not been effective. We need to meet high-ranking personalities of president or prime minister level one-on-one to push for the Court issues,” judge Ramadhani said.

The protocol on African Charter on Human and Peoples’ Rights, to establish the Statute of the African Court on Justice and Human Rights was adopted in Sharm El-Sheikh in Egypt in 2008.

Only Burkina Faso, Mali, Ivory Coast, Rwanda, Ghana, Tanzania and Malawi have ratified the protocol.

The Court’s mandate has since been extended to try international crimes, such as genocide, crimes against humanity and war crimes.

Justice Ramadhani however said it might take “long” before the Arusha-based court could start handling criminal matters.

Addressing journalists in Arusha, Tanzania on Saturday, the Court's registrar Grace Wakio also said although the court is to handle international crimes, it has nothing to do with the International Criminal Court.

READ: Mixed reactions to Kenya’s push to establish African court

“The Malabo protocol requires 15 ratifications by countries for the criminal jurisdiction to be enforced but so far there is not a single ratification. Kenya and three other countries have signed the protocol but have not ratified it. It will take long,” judge Ramadhani added.

Justice Ramadhani, who is a former chief justice for both Tanzania and Zanzibar, said the Court would also require necessary funds to expand its mandate and that “we do not have capacity at the moment.”

He said the Court's judges are to be increased from the current 11 to 16.

Mr Ramadhani blamed lack of political will for failure by a number of African countries to ratify the protocol “as some are afraid their individuals and citizens will come to the Court if they do so.”

“The Charter was done in Nairobi in 1981. African countries themselves passed it. But some countries now fear if they ratify the protocol it will open floodgates of cases as many individuals will be coming to the Court,” he said.

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