African rights court unknown to many

Arusha. The President of the African Court on Human and People’s Rights (AfCHPR), Judge Augustino Ramadhani, said the judicial organ of the continent was not well known, not only across Africa but in Tanzania, the host country as well.

“Even here in Arusha, there are people who are wondering if there is such a court in the city,” he said during an interview on a local TV station two years ago.

Such is the situation with the Arusha-based judicial organ of the African Union (AU) which was established to determine cases pertaining to human and people’s rights in the continent.

High profile cases include the one filed by opposition politician Rev Christopher Mtikila, who sought Constitutional amendments to allow independent candidates to vie for the country’s presidency.

The outspoken politician (deceased) on June 14, 2013, won the case which barred independent candidates from contesting elective posts when the Court ruled that by prohibiting independent candidates to contest presidential, parliamentary and local government elections, the Tanzania government had violated the democratic principles and the political rights of its citizens.

The landmark case was filed before the Court on June 2nd, 2011 by the Tanganyika Law Society (TLS) and the Legal and Human Rights Centre (LHRC) on behalf of Rev Mtikila.

Poor human rights record is one of the reasons why some AU members have shunned the African Court. Justice Ramadhani remarked that some African countries were traditionally averse over human rights issues.

Lack of awareness of its existence and general ratification procedures involved to ratify its protocol are other reasons why some states have failed to embrace the judicial organ, according to other legal experts.

AfCHPR was established by the AU through a protocol which came into force in 2004 aimed to enhance the protection of human and people’s rights.

This year marks the 10th year since the African Court started operations.