Protocol to the African Charter on Human And Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights
| Articles | Designation | Number of Cases | Details |
|---|---|---|---|
| Article 1 |
Establishment of the Court
There shall be established within the Organization of African Unity an African Court on Human and Peoples' Rights (hereinafter referred to as "the Court"),…
|
0 | cases |
| Article 2 |
Relationship between the Court and the Commission
The Court shall, bearing in mind the provisions of this Protocol, complement the protective mandate of the African Commission on Human and Peoples' Rights…
|
0 | cases |
| Article 3 |
Jurisdiction
1. The jurisdiction of the Court shall extend to all cases and disputes submitted to it concerning the interpretation and application of the Charter, this…
|
1 | cases |
| Article 4 |
Advisory opinions
1. At the request of a Member State of the OAU, the OAU, any of its organs, or any African organization recognized by the OAU, the Court may provide an…
|
0 | cases |
| Article 5 |
Access to the Court
1. The following are entitled to submit cases to the Court a. The Commission; b. The State Party which has lodged a complaint to the Commission; c. The State…
|
0 | cases |
| Article 6 |
Admissibility of cases
1. The Court, when deciding on the admissibility of a case instituted under article 5 (3) of this Protocol, may request the opinion of the Commission which…
|
0 | cases |
| Article 7 |
Sources of law
The Court shall apply the provisions of the Charter and any other relevant human rights instruments ratified by the States concerned.
|
0 | cases |
| Article 8 |
Consideration of cases
The Rules of Procedure of the Court shall lay down the detailed conditions under which the Court shall consider cases brought before it, bearing in mind the…
|
0 | cases |
| Article 9 |
Amicable settlement
The Court may try to reach an amicable settlement in a case pending before it in accordance with the provisions of the Charter.
|
0 | cases |
| Article 10 |
Hearings and representation
1. The Court shall conduct its proceedings in public. The Court may, however, conduct proceedings in camera as may be provided for in the Rules of Procedure. 2.…
|
3 | cases |
| Article 11 |
Composition
1. The Court shall consist of eleven judges, nationals of Member States of the OAU, elected in an individual capacity from among jurists of high moral character…
|
0 | cases |
| Article 12 |
Nominations
1. States Parties to the Protocol may each propose up to three candidates, at least two of whom shall be nationals of that State. 2. Due consideration shall…
|
0 | cases |
| Article 13 |
List of candidates
1. Upon entry into force of this Protocol, the Secretary-General of the OAU shall request each State Party to the Protocol to present, within ninety (90) days…
|
0 | cases |
| Article 14 |
Elections
1. The judges of the Court shall be elected by secret ballot by the Assembly from the list referred to in Article 13 (2) of the present Protocol. 2. The…
|
0 | cases |
| Article 15 |
Term of office
1. The judges of the Court shall be elected for a period of six years and may be re-elected only once. The terms of four judges elected at the first election…
|
0 | cases |
| Article 16 |
Oath of office
After their election, the judges of the Court shall make a solemn declaration to discharge their duties impartially and faithfully.
|
0 | cases |
| Article 17 |
Independence
1. The independence of the judges shall be fully ensured in accordance with international law. 2. No judge may hear any case in which the same judge has…
|
0 | cases |
| Article 18 |
Incompatibility
The position of judge of the Court is incompatible with any activity that might interfere with the independence or impartiality of such a judge or the demands…
|
1 | cases |
| Article 19 |
Cessation of office
1. A judge shall not be suspended or removed from office unless, by the unanimous decision of the other judges of the Court, the judge concerned has been…
|
0 | cases |
| Article 20 |
Vacancies
1. In case of death or resignation of a judge of the Court, the President of the Court shall immediately inform the Secretary General of the Organization of…
|
0 | cases |
| Article 21 |
Presidency of the Court
1. The Court shall elect its President and one Vice-President for a period of two years. They may be re-elected only once. 2. The President shall perform…
|
0 | cases |
| Article 22 |
Exclusion
If a judge is a national of any State which is a party to a case submitted to the Court, that judge shall not hear the case.
|
0 | cases |
| Article 23 |
Quorum
The Court shall examine cases brought before it, if it has a quorum of at least seven judges.
|
0 | cases |
| Article 24 |
Registry of the Court
1. The Court shall appoint its own Registrar and other staff of the registry from among nationals of Member States of the OAU according to the Rules of…
|
0 | cases |
| Article 25 |
Seat of the Court
1. The Court shall have its seat at the place determined by the Assembly from among States parties to this Protocol. However, it may convene in the territory of…
|
0 | cases |
| Article 26 |
Evidence
1. The Court shall hear submissions by all parties and if deemed necessary, hold an enquiry. The States concerned shall assist by providing relevant…
|
0 | cases |
| Article 27 |
Findings
1. If the Court finds that there has been violation of a human or peoples' right, it shall make appropriate orders to remedy the violation, including the…
|
1 | cases |
| Article 28 |
Judgment
1. The Court shall render its judgment within ninety (90) days of having completed its deliberations. 2. The judgment of the Court decided by majority shall…
|
0 | cases |
| Article 29 |
Notification of judgment
1. The parties to the case shall be notified of the judgment of the Court and it shall be transmitted to the Member States of the OAU and the Commission. 2. The…
|
0 | cases |
| Article 30 |
Execution of judgment
The States parties to the present Protocol undertake to comply with the judgment in any case to which they are parties within the time stipulated by the Court…
|
4 | cases |
| Article 31 |
Activity report
The Court shall submit to each regular session of the Assembly, a report on its work during the previous year. The report shall specify, in particular, the…
|
0 | cases |
| Article 32 |
Budget
Expenses of the Court, emoluments and allowances for judges and the budget of its registry, shall be determined and borne by the OAU, in accordance with…
|
0 | cases |
| Article 33 |
Rules of Procedure
The Court shall draw up its Rules and determine its own procedures. The Court shall consult the Commission as appropriate.
|
0 | cases |
| Article 34 |
Ratification
1. This Protocol shall be open for signature and ratification or accession by any State Party to the Charter. 2. The instrument of ratification or accession…
|
0 | cases |
| Article 35 |
Amendments
1. The present Protocol may be amended if a State Party to the Protocol makes a written request to that effect to the Secretary-General of the OAU. The Assembly…
|
0 | cases |
| Article -Treaty |
Treaty - African Court Protocol
Protocol to the African Charter on Human And Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights
|
0 | cases |