Resolution on the Establishment of an Independent and Effective African Court on Human and Peoples’ Rights

We the participants of the Forum of NGOs participating at the 37th Ordinary Session of the African Commission on Human and Peoples’ rights and the 11th African human rights book fair held at the Corinthia Atlantic Hotel, Banjul, Gambia from April 24 to 26, 2005,

Expressing satisfaction at the entry into force of the protocol establishing the African Court on human and peoples’ rights;

Emphasizing that the entry into force of the protocol establishing the African Human Rights Court enforces a legal obligation on member states to complete the process of operationalization of the African Human Rights Court

Recognizing that our continent is facing serious human rights violations and the existence of the prevailing culture of impunity;

Emphasizing the urgent need for the operationalization of an effective, impartial and independent African Human Rights Court;

Deeply concerned that the decision taken by the Assembly of the African Union in July 2004 to integrate the African human rights court with the court of justice of the African Union has seriously delayed the completion of the process of the establishment of the African Human Rights Court;

Considering that the two courts have essentially different mandates, criteria for appointment of judges and litigants;

Recognizing the decision by the executive council of the African Union in Abuja in January 2005 to the effect that the discussion on the merger of the two courts should be without prejudice to the operationalization of the African Human Rights Court;

Welcoming the recommendation by the Executive Council of the African Union asking Member States of the AU which have not yet done so to sign and ratify the Protocol establishing the African Human Rights Court;

The NGO Forum urges:

1- The African Union Assembly:

– To complete the process of operationalization of an independent and effective human rights court without further delay, through the nomination and election of judges, determination of the seat of the court, allocation of adequate resources and determination of other operational issues;
– To establish without delay the human rights fund so as to ensure sustainable and adequate fundings to human rights institutions including the African Human Rights Court;
– To ensure that the court is established at a place that guarantees its independent and effectivness as well as easy access for victims and civil society organizations;

2- The African Union Commission:

– To actively encourage the participation of the African Commission on Human and Peoples’ Rights in all deliberations regarding the operationalization of the African Human Rights Court;
– To actively encourage the participation of the African Commission on Human and Peoples’ Rights to any future discussion on the merger of the two courts;
– To involve civil society organizations in deliberations and process to operationalize the African human rights court;
– To urge the Assembly to operationalize the African Human Rights Court as soon as possible or at the latest at its next ordinary session;
– To reinvigorate and revitalize the process of nomination and election of judges to the African Human Rights Court;

3- The Member States of the African Union:

– To ratify the African Human Rights Court’s Protocol if they have not yet done so;
– To make the necessary declaration under Article 34 (6) of the Protocol if they have not yet done so;
– To comply with the Note Verbale of the AU Commission to nominate judges to the African Human Rights Court and to ensure adequate gender representation as required by the Protocol
– To take into account gender sensitivity in the process of nomination and election of judges;
– To make contribution to the immediate establishment of the Human Rights Fund

4- The African Commission on Human and Peoples’ Rights:

– To be pro-active in supporting and participating in the full establishment of an independent and effective African human rights court and the establishment of an African Human rights Fund;
– To express its views publicly to the AU Assembly and the AU Commission supporting and encouraging the immediate operationalization of the African Human Rights Court as soon as possible or at the latest at the next AU Assembly’s ordinary session;
– To urge member states that have not yet done so to ratify the Protocol and make the declaration under Article 34(6) of the Protocol ;
– To participate to any future discussion on the merger of the two courts;
– To establish a working group which would include civil society organizations to undertake a review of its rules of procedure in order to ensure an effective relationship with the African Human Rights Court;

5- The Civil society organizations:

– To facilitate and participate in discussions held at a national level engaging civil society organizations and the media in the process to operationalize the African Human Rights Court;
– To advocate at the national, regional and continental level for the operationalization without delay of an effective and independent African Human Rights Court and the establishment of the AU Human Rights Fund;
– To actively participate and contribute to the discussion of any meeting of experts set up by the AU Commission on the operationalization of the African Human Rights Court and any future discussion on the merger of the two courts;
– To engage in capacity building and awareness raising activities on the procedure of and accessibility to the African Human Rights Court;
– To actively provide imput and information to the African Commission on Human and Peoples’ rights regarding the operationalization of the African Human rights Court and any future discussion on the merger of the two courts.

Done in Banjul, 26th April, 2005