African Court on Human and Peoples’ Rights

Introduction 

Seat: Arusha, Tanzania   Instrument: Protocol to ACHPR  Operating Since: 2006 

The African Court on Human and Peoples Rights (AfCHPR) is a regional human rights tribunal with advisory and contentious jurisdiction concerning the interpretation and application of the African Charter on Human and Peoples’ Rights (“Banjul Charter”) and other instruments. Its jurisdiction extends to those States that have ratified the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights. In addition to deciding cases, the Court may issue advisory opinions and adopt thematic reports. 

The AfCHPR issued its first judgment, in the case of Yogogombaye v. Senegal, in December of 2009 and has taken up more than 300 other cases since then. The Court may decide complaints against any State party to the Protocol that are referred to it by: the African Commission on Human and Peoples’ Rights; a State party (as respondent or petitioner in a case before the Commission, or on behalf of a individual citizen); or, African intergovernmental organizations. 

As of November 2021, 32 States have accepted the Court’s jurisdiction by ratifying the Protocol establishing the Court. These States are: Algeria, Benin, Burkina Faso, Burundi, Cameroon, Chad, Côte d’Ivoire, Comoros, Congo, Democratic Republic of Congo, Gabon, Gambia, Ghana, Guinea Bissau, Kenya, Libya, Lesotho, Mali, Malawi, Mozambique, Mauritania, Mauritius, Nigeria, Niger, Rwanda, Sahrawi Arab Democratic Republic, South Africa, Senegal, Tanzania, Togo, Tunisia, and Uganda. See AfCHPR, Basic Information. The Democratic Republic of Congo became the 31st State to ratify the Protocol, in December 2020, followed by Guinea Bissau in November 2021. [AfCHPR] 

To see the most recent ratification information, visit the African Union’s Treaties, Conventions, Protocols & Charters webpage. 

Jurisdiction over Individual Complaints 

The Court also has jurisdiction to hear cases brought by individuals and non-governmental organizations with observer status before the African Commission, but only when the relevant State has accepted this jurisdiction by making a declaration under Article 34 of the Protocol. 

As of November 2021, the Court has jurisdiction to receive complaints by individuals and NGOs against eight States: Burkina Faso, the Gambia, Ghana, Guinea Bissau, Malawi, Mali, Niger, and Tunisia. 

Four States withdrew their acceptance of the Court’s jurisdiction over individual and NGO complaints, between 2017 and 2021. Those States are: Rwanda, Tanzania, Côte d’Ivoire, and Benin [IJRC: Rwanda; IJRC: Tanzania; IJRC: Benin and Côte d’Ivoire] The Court has determined that such withdrawals are permissible and take effect one year after notification by the State. See AfCHPR, Ingabire Victoire Umuhoza v. Rwanda, App. No. 003/2014, Ruling on Jurisdiction of 3 June 2016, paras. 67-68. 

Composition 

The 11 judges of the court are elected for renewable, six-year terms. The Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights, along with the AfCHPR’s Rules of Court, set out the Court’s functions and operating procedures. To read more about the judges and their election process, see our AfCHPR Composition & Election guide. 

In July 2020, the AU Assembly was scheduled to elect four judges to the Court; three of the four judges whose terms are expiring are eligible for reelection. This election has apparently been postponed due to the COVID-19 pandemic. In June 2018, four seats on the Court were filled in an election. To read about the candidates and election process, see our two-page overview. 

African Court of Justice and Human Rights 

Additionally, the States of the African Union have adopted two protocols that would replace the AfCHPR with a new African Court of Justice and Human Rights, intended to hear disputes arising under all African Union instruments, and give that new court jurisdiction to prosecute individuals for serious international crimes. However, neither of the two protocols has been ratified by the required 15 States.