Tema-Ghana, Feb. 26, CDA Consult – Tanzania has tasked the African Court on Human and Peoples’ Rights to address what it terms as some hiccups in order for it to be relevant in the African context.
Dr. Philip I. Mpango, Tanzanian Vice President who made the call revealed that it has been a concern of some African Union Member States that, the African Court encroaches on their sovereignty by operating as an Appellate Court to adjudicate issues that are not under its jurisdiction.
Dr. Mpango was speaking at the opening of the 2023 African Court Judicial Year in Arusha, Tanzania which has been made available to the Communication for Development and Advocacy Consult (CDA Consult) in Tema.
The Tanzanian Vice President noted: “It is also a concern of some Member States that some judgments and orders of the African Court are drawn without having due regard of the African context as a result of which most of them remain unimplemented.
“Worse still, some Member States have withdrawn their Declarations and others are hesitant to make and deposit theirs”.
To address these anomalies, the Tanzania Vice President called on the African Court to work within its mandate, respect the sovereignty of Member States, and appreciate the diversity of legal processes across the continent.
As part of the broader measures to address the problem, “I would also encourage the President of the African Court to continue with efforts to engage Member States to discuss challenges that affect the implementation of the African Continental Court’s mandate,” he said.
Notwithstanding the challenges, the Tanzanian Vice President also commended the African Court for working tirelessly to continue the intergenerational dialogue through various initiatives.
He mentioned in particular the facilitation of academic placements and internships for young professionals; continued engagement with legal professionals from Member States and their training on the work of the African Court.
“This indeed has had a tremendous impact on the visibility of the Court in the Continent while promoting and protecting human rights,” he said.
Dr. Mpango noted: “I firmly believe that it is through dialogue between the African Court and the Member States that its intended objectives can be realised.
“I wish to reaffirm that Tanzania remains committed to the mandate, objectives of the African Union, and the implementation of Agenda 2063. We are committed to building strong African Institutions including the African Court”.
The Tanzanian Vice President described the theme of the 2023 African Court Judicial Year “integrating the jurisprudence of regional and international human rights mechanisms into national systems,” as extremely relevant.
He noted that national systems vested with the responsibility to protect and promote human rights had always sought inspiration from national and supranational bodies with shared values and principles in the dispensation of justice.
Lady Justice Imani Daud Aboud, President of the African Court acknowledged that a lot needed to be done if Africa, in particular the Member States, are to benefit from the very rich jurisprudence of international and regional human rights bodies, including the African Court.
She outlined some of the things which needed to be done which include the need for Member States to recognize the very important role of the African Court in the realization of the objectives of the African Union and Agenda 2063.
The African Court President also tasked Member States to put in place concrete measures at the supra and well as national levels to monitor the implementation of decisions from international bodies.
“These measures may include but not limited to the appointment of focal points, making such decisions directly implementable at the domestic level,” she said.
Lady Justice Aboud also noted the need for very wide dissemination of judgments of international human rights bodies and training for lawyers and magistrates/judges on the possibility of incorporating such judgments before domestic systems.
“There is the need to provide technical assistance to Member States that may be willing but not able to undertake the necessary reforms to be able to implement or incorporate Court decisions.
“To this end, the African Court calls on the African Union, in particular the Specialised Technical Committee on Justice and Legal Affairs, to urgently finalize consideration of the Framework Document on Compliance and Monitoring of Court Judgments, which provides for the establishment of a Human Rights Fund to facilitate technical assistance,” she said.
