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LEGAL AVENUES TOWARDS JUSTICE FOR
ENFORCED DISAPPEARANCE IN AFRICA
PRACTICE NOTE 5
STRATEGIC LITIGATION OF ENFORCED
DISAPPEARANCES IN AFRICA
• Right to liberty
• Right to a fair trial and corresponding judicial guarantees
• Rights to information, opinion and expression, association and assembly
• Right to freedom of movement and right to asylum
• Economic, social and cultural rights
• Right to truth
• Right to dignity
• Right to identify and the right to recognition of the legal status of a person
before the law
• Right to an effective remedy, including reparation and compensation.
African Regional Human Rights Mechanisms
Within the African Human Rights system, cases of enforced disappearance can be
filed before the ACHPR, the ACtHPR and the ECOWAS Court.
a) Under its protection mandate, the ACHPR can accept complaints from
individuals, NGOS, and groups of individuals who believe their rights have
been violated under the African Charter on Human and Peoples’ Rights (African
Charter).
b) The ACtHPR has jurisdiction to hear cases involving enforced disappearance
and other human rights violations in relation to the 30 African States that
have ratified the Protocol to the African Charter on the Establishment of the
Court. However, in such cases, only the ACHPR can refer cases to the ACtHPR.
Additionally, six States have authorised the ACtHPR to hear complaints submitted
directly by individuals or NGOs with observer status before the ACHPR. These
States are Burkina Faso, Gambia, Ghana, Malawi, Mali, and Tunisia.
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