The Prohibition of Torture and Ill-treatment in the African Human Rights System:
A HANDBOOK FOR VICTIMS AND THEIR ADVOCATES
b) Submitting Complaints to the Court
Under the Supplementary Protocol of 2005, the Court is competent to deal with
cases brought by individuals alleging human rights violations by member States;
by individuals and corporate bodies alleging violations of their rights by ECOWAS
officials or institutions; by member States and the Executive Secretary alleging a
failure of a member State to meet their treaty obligations and for determination
of the legality of any action related to ECOWAS agreements; as well as disputes
between member States and disputes referred by the Authority of Heads of State
of Government.104 According to the Protocol, the Court can also issue advisory
opinions if requested by the Authority or member States.105
The individual complaints procedure of the Court permits individuals and corporations to access the Court and submit complaints against member States for
alleged breaches of the African Convention on Human and Peoples’ Rights and
of other international human rights treaties and conventions to which member
States are parties. There is no exhaustion of domestic remedies requirement to
access the Court. In order for a complaint to be admitted, Article 10 of the Amended
Protocol on the ECOWAS Community Court of Justice requires that the application
is not anonymous and that the matter is not pending before another international
court.106 Relevant decisions of the ECOWAS Court are discussed in further detail
in Part B of this Handbook.
2. East African Community (EAC) Court of Justice
The East African Community (EAC) is the smallest sub-regional organisation in
Africa, with only five member States: Burundi, Kenya, Rwanda, United Republic of
Tanzania and Uganda. Established in 1999 pursuant to the adoption of the Treaty
for the Establishment of the East African Community (‘EAC Treaty’),107 the EAC’s
aims and objectives include deepening co-operation amongst member States in
political, economic and social issues. Article 9 of the EAC Treaty established the
East African Court of Justice (‘EACJ’) as one of the institutions of the EAC. The Court
was inaugurated in 2001 and heard its first case in 2005.
104 Supplementary Protocol A/SP.1/01/05 (2005), Article 4.
105 Protocol on the ECOWAS Court of Justice, Article 10.
106 Ibid. See also: ECOWAS Court of Justice, Hadijatou Mani Koraou v. Niger, App. No. ECW/CCJ/APP/08/08
(27 October 2008).
107 EAC Treaty, signed on 30 November 1999 and entered into force on 7 July 2000 following its ratification by the three original Partner States, Kenya, Uganda and Tanzania. The Republic of Burundi
and the Republic of Rwanda acceded to the EAC Treaty on 18 June 2007 and became full members
of the Community with effect from 1 July 2007 (amended 14 December 2006 and 20 August 2007),
available at: http://www.eac.int/treaty/.
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