Coalition for an Effective African Court

The African Court, on 30 March 2012, made an order granting the Pan African Lawyers Union (PALU) leave to participate as amicus curiae in the matter of the African Commission on Human and Peoples' Rights and the Great Socialist Libyan People's Arab Jamahiriya (Appl No 004/2011).

This Order is significant in that it is the first time that NGOs may make submissions before the Court as amicus curiae.

• The Order.

On Tuesday 26 June 2012 the African Court, by a majority of seven votes to three, ruled that the African Union cannot be sued before the Court on behalf of, or for obligations of its Member States, because it is neither party to the African Charter nor to the Protocol establishing the African Court in spite of having a legal personality as an international organisation.

The Applicant, Mr Femi Falana, alleged that he has made several attempts to get Nigeria to deposit the declaration required under Article 34 (6) of the Protocol to the African Charter on Human and People’s Rights on the Establishment of an African Court on Human and Peoples’ Rights to no avail. He further alleged that he has been denied access to the African Court because of the failure or refusal of Nigeria to make the declaration allowing Nigerian individuals and NGOs to bring their cases directly before the African Court.

Judges MUTSINZI and OUGUERGOUZ attached separate opinions to the judgment and the Vice-President AKUFFO and Judges NGOEPE and THOMPSON, expressed a joint dissenting opinion which is appended to the judgment.

• Majority judgment (PDF 2.83Mb)
• Seperate Opinion of Judge Ouguergouz (PDF 1.69Mb)
• Seperate Opinion of Judge Mutsinzi (PDF 246Kb)
• Dissenting Opinion of Judges Akuffo, Ngoepe and Thompson (PDF 2.41Mb)

PRESS RELEASE: AFRICAN COURT ON HUMAN AND PEOPLES’ RIGHTS
ORDER FOR PROVISIONAL MEASURES AGAINST LIBYA

Arusha, Tanzania, 30th March 2011: The African Court on Human and Peoples’ Rights meeting at its 20th Ordinary Session in Arusha, Tanzania, from 14 to 25 March 2011 issued an order for provisional measures in relation to an application received from the African Commission on Human and Peoples’ Rights, alleging serious and widespread violations of human rights by the government of the Great Socialist People’s Libyan Arab Jamahiriya.

During the session, the Court deliberated on the application and decided that in view of the extreme gravity and urgency of the matter, and in accordance with its powers under Article 27 (2) of the Protocol establishing the Court and Rule 51 (1) of the Rules of Court, it was necessary to order provisional measures with a view to avoid irreparable harm being caused to persons who are the subject of the application.

In the order, issued on the 25th of March 2011, the Court called on the Great Socialist People’s Libyan Arab Jamahiriya to ‘immediately refrain from any action that would result in loss of life or violation of physical integrity of persons, which could be a breach of the provisions of the African Charter on Human and Peoples’ Rights or of other international human rights instruments to which it is a party’.

• Read Press Release
• Order for Provisional Measures against Libya ( - 1017 kb)

Application No.: 004/2011 African Commission on Human and Peoples' Rights v Great Socialist People's Libyan Arab Jamahiriya
Delivered: 25 March 2011

Description:
Order for Provisional Measures.

Summary
In the matter of African Commission on Human and Peoples' Rights v Great Socialist People's Libyan Arab Jamahiriya, the Court unanimously orders the following provisional measures:
1 The Great Socialist People's Libyan Arab Jamahiriya must immediately refrain from any action that would result in loss of life or violation of physical integrity of persons, which could be a breach of the provisions of the Charter or of other international human rights instruments to which it is a party.
2 The Great Socialist People's Libyan Arab Jamahiriya must report to the Court within a period of fifteen (15) days from the date of receipt ot the Order, on the measures taken to implement this Order.

• Complete Order for Provisional Measures against Libya ( - 1017 kb)