Statement by the Honourable Justice Gerard Niyungeko, President of the African Court on Human and Peoples’ Rights, at the Official Launching ceremony of activities, on the occasion of the holding of the 23rd Ordinary Session of the African Court on Human and Peoples’ Rights in Accra, Ghana
5th December, 2011
Accra, Ghana
- His Excellency Prof. John Attah Mills, President of the Republic of Ghana
- Honourable Attorney General and Minister of Justice of the Republic of Ghana
- Honourable members of Government of the Republic of Ghana here present
- Honourable Judges of the African Court on Human and Peoples’ Rights
- Your Ladyship, the Chief Justice of the Republic of Ghana
- Your Lordships members of the Judiciary of Ghana
- Excellencies, Members of the Diplomatic and Consular Corps accredited to Ghana
- The Commissioner of the Commission of Human Rights and Administrative Justice
- The President of the Ghana Bar Association
- Distinguished representatives of International Organisations
- Distinguished Ladies and Gentlemen
Please permit me to start by expressing my sincere appreciation to His Excellency the President for accepting, in spite his very busy schedule, to come and officially launch the promotional activities of the Court, on the occasion of the holding of the 23rd Ordinary Session of the Court in Ghana.
Your Excellency, let me inform you that Ghana is the first country outside Tanzania where the Court is seated, to host a session of the Court. The choice of Ghana is simple – Ghana is one of the first countries to have ratified the Protocol establishing the Court, and is amongst the five States Parties to make the special declaration allowing individuals and NGOs direct access to the Court.
Excellency, Ghana is also one of the first countries to have nominated its national to serve on the Court. Your eminent daughter, Justice Sophia A.B. Akuffo, Justice of the Supreme Court of Ghana, was amongst the first Judges to be elected to the African Court. She was reelected in 2008, and has served as Vice President of the Court for two consecutive terms.
Excellency, it should be recalled that it was here in Accra, Ghana that the structure of the Court’s Registry as well as the benefits of Judges were first determined, and at the session of the PRC and EC, Ghana indicated its determination to support the establishment of a strong and independent Court. Ghana’s support to the Court since then has never waned. The Court continues to receive support from Ghana within the AU Policy organs, be it the PRC, Executive Council or the Assembly, Ghana has always been sympathetic to the cause of the Court, supporting its budget proposals, structure and other entitlements to enable the Court operate effectively.
It is not surprising therefore that Ghana again is the first African country to consent to the Court holding its session in its territory. All of these show the unflinching commitment of Ghana to the course of human rights on the continent and the effectiveness of the Court in particular.
But Ghana’s commitment to human rights is not limited to its support to the Court. Ghana’s contribution to the liberation of the continent and her contribution to the establishment of a human rights framework on the continent are clearly evident. Ghana was very instrumental in the preparation of the African Charter of Human and Peoples’ Rights and the establishment of the African Commission. A prominent son of Ghana, Prof. E.V.O. Dankwa served on the Commission for twelve years and also served as Chairperson of the Commission
Your Excellency, you decision to personally come to officially launch the activities on the occasion of the 23rd ordinary session of the Court, in spite your very busy schedule, is a further testimony of your personal commitment, as well as Ghana’s commitment, to the enhancement of human rights on the continent.
We are therefore at ease when we are in Ghana as we can consider Ghana as a friend of the Court.
Excellency
Distinguished Ladies and Gentlemen
This launching ceremony marks the beginning of a series of activities earmarked by the Court to be undertaken on the margins of the 23rd ordinary session of the Court. These activities include a sensitization seminar for human rights stakeholders in Ghana and courtesy calls to senior government officials, and are aimed at sensitizing stakeholders about the Court, in particular, how to effectively utilize the Court in human rights dispute settlement or to seek advisory opinion on the interpretation or application of human rights texts.
Excellency,
Distinguished Ladies and Gentlemen
Of course, the question that is on every one’s lips is ‘what is the Court’s business in organizing promotional activities. The Court should sit in Arusha and cases will come’
Our response is that we have sat for five years, behaving like the Court should behave, but we received only one case between 2006 and 2010. When we launched the promotional activities early this year, we received twelve cases.
The promotional activities we have undertaken have indicated the serious lack of awareness about the Court among human rights stakeholders. We have realized that the vast majority of Africans do not know about the Court, let alone, how to access it and litigate before it. We have also realized that some States have not made the declaration, not because they do not want do, but simply out of ignorance of the procedure to do so. We have come to the conclusion that the promotional activities are necessary and we should engage relevant stakeholders across the continent to assist in the process.
The holding of the 23rd Ordinary session of the Court in Accra, Ghana is part of the promotional activities and we plan to undertake similar activities in other African countries in the future.
The lack of awareness about the existence of the Court as well as its operations poses a serious challenge to the effectiveness of the Court and the protection of human rights on the continent.
Excellency
Distinguished Ladies and Gentlemen
The lack of awareness is not the only challenge faced by the Court. The inadequate ratifications and fewer declarations equally pose serious challenges.
The Protocol was adopted in 1998 and to date only 26 of the 54 Member States of the AU have ratified it. Of the 26 that have ratified the Protocol, only 5 – Burkina Faso, Ghana, Malawi, Mali and Tanzania, have made the declaration allowing individuals and NGOs access to the Court. What this means is that the Court, at the moment has jurisdiction to receive cases from individuals and NGOs from only against these five African countries.
The lack of awareness, coupled with the low ratification and even fewer declarations has resulted in the serious under-utilization of the Court. For five years, the Court has received only thirteen cases, in a continent where human rights violations are a daily occurrence.
Until these challenges are addressed, the effectiveness of the Court and the protection of human rights on the continent will be compromised.
Excellency
Distinguished Ladies and Gentlemen
When the African Commission on Human and Peoples’ Rights was set up in 1987, it was endowed with both promotion and protection mandates. However, about a decade after, African leaders realized that the Commission was not properly suited to ensure the effective protection of human rights.
African leaders therefore decided voluntarily to establish an African Court ‘to complement the protective mandate of the Commission’, because they rightly believed the Court would enhance the protection of human rights on the continent. I am sure they also had come to the realization that African unity and integration was inextricably linked to respect for human rights.
Excellency, the link between respect for human rights and development, peace and unity cannot be overemphasized. Respect for human rights, it has been established, provides a foundation upon which rests the political structures of human freedoms. The achievement of human freedom generates the will as well as the capacity for economic and social progress. The attainment of economic and social progress provides the basis for durable peace.
We need not go far to draw an example to demonstrate this link. Here in Ghana you have successfully demonstrated that respect for human rights is the foundation for peace and development, and Ghanaians are benefitting from the rights-based approach that your government has instituted.
Excellency,
The Court is endowed with two jurisdictions – contentious jurisdiction which is related to the receipt and consideration of cases, and advisory jurisdiction that empowers the Court to give advisory opinions on any human rights issue. To date, while the Court has received 13 cases on contentious matters, it has received only two requests for advisory opinion.
The advisory opinion of the Court is not binding, but could provide an independent and unbiased view, as well as useful information and guide to those who request them.
The Court therefore urges governments, AU Organs, the AU itself and other entities, to use its advisory jurisdiction. It is important to note that a State need not make the Declaration before requesting for advisory opinion.
We are hoping that Ghana will continue show the example by being the first to request for an advisory opinion, when necessary.
Excellency
Distinguished Ladies and Gentlemen
Let me once again thank your Excellency for his presence at this official launching, and through him to thank the Government and people of Ghana for their warmth and hospitality shown to us since we arrived.
The Court continues to look up to Ghana for support confident that Ghana will use its influence and leadership role to convince other African countries to ratify the Protocol and make the declaration. We strongly believe that the benefits of respect for human rights in Ghana could shine beyond the border and across the continent.
I take this opportunity to invite all of you to the Sensitization Seminar scheduled for 12 December, 2011 in this same conference room.
I thank you for your kind attention.
