10 KEYS TO UNDERSTAND AND USE THE AFRICAN COURT ON HUMAN AND PEOPLES’ RIGHTS

Considering that peace and security can be guaranteed only on the basis of
the fight against impunity and unconditional respect for human rights, the
establishment of the African Court on Human and Peoples’ Rights brings
hope for the African continent.
Since the 1980s and the adoption of the African Charter on Human and
Peoples’ Rights, the FIDH and its affiliated leagues have fought for the
existence on this continent of a genuine jurisdictional organization in charge
of protecting the essential values of the human condition: the right to life, the
freedom of expression, the right to free movement in a sound environment...

This objective has rapidly translated into a demand in front of the grave
human rights violations suffered by African civilian populations. The genocide
in Rwanda or the international crimes in the Democratic Republic of Congo,
Liberia, Sierra Leone, Cote d’Ivoire or Sudan, are dramatic illustrations. But
the FIDH has also constantly been mobilized against torture, slavery,
censorship, arbitrary arrests and detentions, discrimination against women or
ethnic minorities, obstacles to the right to education, etc. All these topics are
covered by the Charter and included in the jurisdiction of the new Court.

This guide is a practical tool for victims and defenders to improve
understanding and use of the African Court on Human and Peoples’ Rights.
Ideally, the objective would be that every Burundese, Mauritanian,
Senegalese, Angolan, South African, etc, be in a position to demand respect
for his right to justice and reparation when his country does not respect the
commitments it has contracted at regional and international levels regarding
the protection of human rights.

After a successful struggle for the entry into force of the Court, the fight for its
effectivity is now beginning. It implies the election of the first Judges, the
designation of its seat, the assertion of its independence vis-à-vis the African
Court of Justice, but also the ratification of the Protocol by the largest number
of States - only 19 so far - and the acceptance of the right to individual
remedies - Burkina Faso is the only State to have done so until now. The
ambition of this guide is also to contribute to raise awareness about the Court
among its potential beneficiaries so that they can participate to this
campaign: "to be able to demand and obtain the right to rights".

Sidiki Kaba