24
PRACTICE NOTE 5
LEGAL AVENUES TOWARDS JUSTICE FOR
ENFORCED DISAPPEARANCE IN AFRICA
STRATEGIC LITIGATION OF ENFORCED
DISAPPEARANCES IN AFRICA
c) The ECOWAS Court has the competence to hear individual complaints of alleged
human rights violations, including rights deriving from the UDHR, the African
Charter, and the International Covenant on Civil and Political Rights (ICCPR).
However, only individuals whose countries are members of the ECOWAS can
file a complaint within the court.
Add.
Protocol/
Declaration
Acquired
Hears
Complaints
from
Individuals
Hears
Complaints
from NGOs
Hears
Complaints
from
States
May
Order
Interim
Measures
Exhaustion
of Domestic
Remedies
Required
Time
Limits
ACHPR
ACtHPR
ECOWAS
United Nations Human Rights System
Victims of enforced disappearance can submit their complaints to the relevant UN
human rights and treaty monitoring bodies. The individual complaints can only be
filed after the exhaustion of domestic remedies and only when the State Party has
ratified the relevant treaty and accepted the competence of the specific treaty body
to review individual complaints. There are several avenues within the UN system that
victims can use to pursue justice, including those below.
a) The Human Rights Committee (HRC) is an 18-member body of experts tasked
with monitoring State Parties’ compliance with the ICCPR. The Committee
may consider individual communications regarding violations of the ICCPR
by any States that are party to the Optional Protocol to the Covenant. 116
States have ratified the Optional Protocol so far. Some States have lodged
reservations limiting the HRC’s competence to examine particular complaints,
despite having ratified the Optional Protocol.
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