56. As part of its function to promote human and peoples’ rights, the African
Commission shall ’undertake studies and researches on African
problems in the field of human and peoples’ rights’, organise events and
disseminate information, encourage national and local institutions and
make recommendations to Governments. It can also formulate principles
and rules in relation legal problems concerning human and peoples’
rights and fundamental freedoms as possible guides to domestic
legislation.23
57. The African Court was established by the OAU in 1998 with the
adoption of the Protocol to the African Charter on Human and Peoples
Rights on the Establishment of an African Court on Human and Peoples’
Rights. This came into force 25 January 2004. In 2008 the AU adopted a
further Protocol on the Statute of the African Court of Justice and Human
Rights, which would merge the African Court on Human and Peoples’
Rights with the Court of Justice of the African Union and replace the
existing Protocol. In 2014 the AU adopted a further Protocol on
Amendments to the Protocol on the Statute of the African Court of Justice
and Human Rights which would extend the jurisdiction of this proposed
merged court further to include international crimes. Neither Protocol has
yet come into force since the required number of ratifications has not
been attained.
58. The African Court on Human and Peoples’ Rights is composed of eleven
judges elected in their individual capacity by the Assembly of the African
Union who serve for a six-year term and can be re-elected only once. It
has its seat in Arusha, Tanzania.
59. The Court has both an advisory and contentious jurisdiction.
The Court can issue an advisory opinion ‘on any legal matter relating to the
Charter or any other relevant human rights instruments’. Requests for an
advisory opinion may be submitted by any AU member state, an organ of
the AU or an African organisation recognised by the AU.
The Court also has jurisdiction over disputes relating to the African Charter,
or any relevant instruments, including international human rights treaties
ratified by the State party in question. It can also apply any such sources as
sources of law in its rulings.
60. Only the African Commission, States parties and African
intergovernmental organisations can bring a case to the African Court.
Individuals and NGOs, however, can only do so if the State party involved
has made an additional declaration accepting the jurisdiction of the
Court.
23
Article 45, ACHPR.
20
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