Resolution on the African Court in Human and Peoples’ Rights

Considering that twenty-three states have to date ratified the Protocol to the African Charter on Human and Peoples’ Rights establishing the African Court on Human and Peoples’ Rights;

Noting that only Burkina Faso and Mali have made a declaration as per the provisions of Article 34(6) of the Protocol, thus allowing NGOs and individuals in their respective countries to directly access the Court on Human and Peoples’ Rights;

Recalling previous recommendations of the NGO Forum to the African Commission on the African Court;

Participants at the NGO Forum preceding the 42nd Ordinary Session of the African Commission on Human and Peoples’ Rights:

Call on the African Commission adopt a resolution exhorting States Parties:

1. That have not yet made a declaration under Article 34(6) of the protocol establishing the African Court on Human and Peoples’ Rights to do so as a matter of urgency;
2. To be proactive in creating an institutional framework for the co-operation between the African Commission on Human and Peoples’ Rights and the African Court on Human and Peoples’ Rights;
3. To take necessary measures in order to allow the Secretariat of the African Commission and the Registry of the African Court on Human and Peoples’ Rights to fully discharge their respective functions, including through the speedy recruitment of adequately qualified legal personnel;

We call upon State parties to the African Union:

1. To ratify the Protocol establishing the African Court on Human and Peoples’ Rights, for those that have not yet done so;
2. That have not yet made a declaration under Article 34(6) of the Protocol establishing the African Court on Human and Peoples’ Rights to do so as a matter of urgency;
3. To create a mechanism for legal assistance and a fund for victims that would allow them to obtain truth, justice and redress;
4. To guarantee the implementation of resolutions and recommendations of the African Commission and ensure the enforcement of rulings of the African Court on Human and Peoples’ Rights;
5. To guarantee and respect the independence, namely financial, of the African Commission on Human and Peoples’ Rights and the African Court on Human and Peoples’ Rights.

We call upon the Panel of Experts of the African Union charged with auditing the institutions of the African Union:

1. To take forward views expressed by civil society, in particular its concerns regarding the effectiveness and independence of regional bodies ensuring the protection of human rights, namely the African Commission on Human and Peoples’ Rights and the African Court on Human and Peoples’ Rights.

Done at Brazzaville, November 12th, 2007