The African Court on Human & Peoples’ Rights (AfCHPR) has called for concerted efforts in the promotion and advancement of human rights with a focus on the right to education, as a prerequisite for social and human development.
The call was made on Monday by the President of the Court Hon Lady Justice Imani D. Aboud, during the official opening of the 2024 Judicial Year of the Court, commemorated under the theme “Enhancing the Justiciability of Economic, Social and Cultural Rights, with an emphasis on the Right to Education”.
Justice Aboud said the theme resonates with the African Union theme for 2024, which focuses on building resilient education systems for increased access to inclusive, lifelong, quality, and relevant learning in Africa; fit for the 21st century.
She said such a visualisation must be embraced by all players and requires various constituent elements, including good governance and respect for human rights.
Echoing obligations highlighted in the United Nation’s Sustainable Development Goal Number 4, Justice Aboud said education possesses great power in addressing and preventing the most significant global challenges, including climate change, persistent inequalities, conflict and more.
“Education is therefore regarded as one of the fundamental rights without which the enjoyment of other rights may be compromised,” she said.
She said beyond education, a vibrant human rights culture is central to achieving justice, peace and stable economy, all enshrined in African Union’s Agenda 2063: The Africa We want.
“The Africa we want must be an Africa founded on a viable human rights culture – an Africa with universal ratification of human rights instruments, an Africa where Member States comply with decisions of human rights institutions, an Africa where the full potential of its citizens are manifested in an environment of respect for human rights,” she said.
In his keynote address, Honourable Justin Muturi, The Attorney General of the Republic of Kenya who was representing His Excellency President William Samoei Ruto, President of the Republic of Kenya recognised the great role played by the African Court in the implementation of its mandate of protecting human rights in Africa.
Justice Mutuyi said although the African Court has no jurisprudence on the right to education, it is mandated to safeguard fundamental rights and has a premier role in contributing towards the achievement of Goal 2 under the Agenda 2063.
“Justiciability of the right to education will guarantee access to education for all as courts hold States accountable in their commitment to international, regional and domestic human rights obligations.”
“The legal profession has a crucial role to play in advancing more access to education by campaigning against discrimination and barriers to schooling. This can be achieved by defining and interpreting what the right to education entails, and helping States to solidify the obligations,” he said.
The Opening of the Judicial Year coincides with the 20th Anniversary of the entry into force of Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights (the Protocol), on 25 January 2004.
The occasion was attended by representatives of African Union Member States, Regional and Sub-Regional Courts, African Union organs with a human rights mandate, Bar Associations, civil society organisations, members of the academia among many stakeholders.
Messages of goodwill were also delivered to the Court by various institutions.
Opening of the 2024 Judicial Year also marks the commencement of the 72nd Ordinary Session of the Court, scheduled to run up to 8 March 2024 at its Seat in Arusha, the United Republic of Tanzania.
