STAKEHOLDERS' PLATFORM ON THE MARGINS OF THE 76TH ORDINARY SESSION OF THE AFRICAN COURT ON HUMAN AND PEOPLES’ RIGHTS
DATE:
30 January – 3 February 2025
VENUE:
Arusha, Tanzania
Languages:
The Stakeholders’ Platform will be conducted with simultaneous interpretation in English, French, and Portuguese
Please click on the below links to access this information in other languages;
CONTEXTUAL BACKGROUND:
For African citizens to benefit from the existence of the African Court on Human and Peoples’ Rights (the African Court), access to the Court should not be a major problem, and when access is guaranteed, compliance with its decisions should follow course. This is because central to the effectiveness of any regional human rights organ is access, and compliance of decisions by State Parties.
The African Court was established to complement the protective mandate of the African Commission on Human and Peoples’ Rights (the Banjul Commission) by strengthening the human rights protection system in Africa and ensuring respect for and compliance with the African Charter on Human and Peoples’ Rights, as well as other international human rights instruments through judicial decisions. The African Court which is the judicial arm of the African Union (AU) was established by virtue of Article 1 of the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights (the Court Protocol). It was adopted on 9 June 1998 in Ouagadougou, Burkina Faso, and entered into force on 25 January 2004. The Court started its operations in the year 2006 in Arusha, Tanzania where it has its permanent seat.
Twenty years after the adoption of the Court Protocol, a significant number of African citizens are still not able to access the African Court directly due to a very low number of countries that have deposited Article 34(6) Declaration of the Court Protocol to allow direct access to the African Court for individuals and Non-Government Organizations (NGOs) with observer status before the Banjul Commission. Out of the 34 countries that have ratified the Court Protocol, only eight countries have deposited Article 34(6) declaration, these are; Burkina Faso, Ghana, Guinea Bissau, The Gambia, Mali, Malawi, Niger and Tunisia. And in the span of four years between 2016 and 2020, four (4) States withdrew from Article 34(6) declaration, limiting direct access to the African Court for individuals and NGOs, these are; Rwanda, Tanzania, Benin and Cote d’Ivoire. This poses a great challenge to the mandate of the African Court and makes it increasingly challenging for victims of human rights violations to access justice and seek reparations when they are not satisfied with local remedies. Although indirect access to the African Court for NGOs exists through referrals of cases from the Banjul Commission to the African Court, such avenue has been limited in scope and efficacy.
Nevertheless, compliance with the decisions of the African Court by State Parties is another key challenge that not only affects the effectiveness of the Court, but also victims of human rights violations from obtaining reparations. Implementation of the African Court decisions currently stand at less than 10%.
While there are continuing separate efforts by different stakeholders towards enhancing the effectiveness of the African Court, the Coalition believes that a convening that brings together diverse stakeholders is more ideal to exchange ideas and deliberate on the roles and strategies that can be adopted to enhance direct access to the African Court for individuals and NGOs, as well as discussions around enhancing implementation of decisions of the African Court.
OBJECTIVE
The objective of the Stakeholders’ Platform is to bring together diverse stakeholders to discuss on various matters that are pertinent to the mandate of the African Court, and facilitate concerted efforts that will enhance the effectiveness of the Court, and that of the African Human Rights system in general. The Platform will also serve as an open space to constructively engage with the African Court.
WHAT THE STAKEHOLDERS’ PLATFORM SEEKS TO ACHIEVE
The Stakeholders’ Platform seek to achieve the following long-term results;
- Increase access to the African Court for African citizens and NGOs
- Strengthen implementation of decisions of the African Court by State Parties to the African Court Protocol.
- Integration of the jurisprudence of the African Court at national and regional level.
- Foster systematic conversations around obligations of the AU Members States and the AU relevant organs, and their respective roles in the effectiveness of the African Court.
- Strengthen complementary relationship between the African Court, the Banjul Commission and the African Committee of Experts on the Rights and Welfare of the Child (ACERWC).
- Contribute to the effectiveness of the African Court by monitoring its developments, share constructive ideas, and encourage stakeholders’ initiatives that are beneficial to the positive developments of the Court.
THEMATIC FOCUS FOR THE 1ST STAKEHOLDERS’ PLATFORM
The 1st Stakeholders’ Platform will serve as a pilot phase to explore key issues that are central to the effectiveness of the African Court which are;
- Access to the African Court for individuals and NGOs; and
- Implementation of decisions of the African Court.
The Platform will also be used to hold a consultative session to explore ideas that will shape up subsequent Stakeholders’ Platforms.
A session dedicated to the 2025 AU theme, “Justice for Africans and People of African Descent Through Reparations” AND the 2025 African Court theme “Advancing Justice through Reparations” will also be included in the discussions.
The structure of discussions will be through panel sessions of which all participants will have an opportunity to participate and contribute in.
Expected Outcomes
A report that documents the proceedings and events of the Platform will be compiled and shared within 30 days after concluding the Platform.
Other outcomes may include one or more of the following;
- Key realistic short-term and long-term action points that can be implemented by stakeholders to progressively improve access to the African Court and enhance implementation of decisions of the Court.
- Recommendations to be considered by key stakeholders that include State actors, the African Court, the Banjul Commission, the ACERWC and other relevant AU organs in order to strengthen the African Human Rights system.
- Formation of working groups that may want to undertake various tasks as will be recommended during the stakeholders Platform.
- Identification of key areas relevant to the work of the Court that may require further research studies in order to develop knowledge products that will be beneficial to the work of the Court.
Participants:
- Civil Society Organisations
- State actors
- National Human Rights Institutions
- Legal practitioners and law societies
- The academia
- African Human Rights organs and other organs of the African Union Commission
- Members of national judiciaries
- Development partners with a focus on Human Rights
- Journalists with interest in human rights
Participants to the Stakeholders’ Platform are required to pay a subsidized registration fee of USD 350. The registration fee contributes to the expenses related to the organization of the Platform that includes;
- Venue/Conference package which includes costs for a conference room; tea/coffee breaks, lunch, and stationeries;
- Simultaneous interpretation
- Documents translation
- Printing of Agenda booklets and participants badges
- Costs related to the networking event
- Administrative support related to the organization of the Platform.
THE DEADLINE FOR REGISTRATION AND PAYMENT OF REGISTRATION FEES IS 15 JANUARY 2025. CLICK ON THIS LINK TO ACCESS THE REGISTRATION FORM.
Registration fees should be made to the below bank account;
ACCOUNT NAME: AFRICAN COURT COALITION
BANK NAME: ABSA BANK TANZANIA LIMITED
TZS ACCOUNT NUMBER 4004910
USD ACCOUNT NUMBER 8008813
BRANCH NAME: 002-SOPA BRANCH
SWIFT CODE: BARCTZTZ
CITY: ARUSHA
COUNTRY: TANZANIA
You can also send the registration fee through western union to the accountant: IRENE EDWIN MWASOTA
After making payment, please send the proof of payment to:
Irene Mwasota accountant@africancourtcoalition.org
And a copy to Rebecca Nyange admin@africancourtcoalition.org
NOTE: For any issues that arise while making payments and/or inquiries associated with payments, please contact Ms. Irene Mwasota for assistance at +255 743 110 417.
Participants should make sure they check their visa status and make all the necessary arrangements earlier in advance. Participants from nationalities that require referral visa to enter Tanzania should inform the Coalition Secretariat at least 5 weeks before the Stakeholders’ Platform so that we can provide assistance and facilitate the issuance of visa. The Coalition Secretariat will also issue invitation letters to participants who need such for visa applications.
Please visit the Tanzania Immigration e-service system to check your visa requirements on this link: https://visa.immigration.go.tz/
For delegates requiring a referral visa, please complete the online form, make payment and submit your application online 4 weeks before the event. Notifications of your application status will then be sent to your email, please check your email spam box if you do not receive a notification within 7 business days of the application date. You can also track your application status through the online system.
Participants are required to make arrangements and cover for their accommodation costs throughout their stay in Arusha. Click on THIS LINK to access a list of hotels that the Secretariat has agreements with on the negotiated rates for participants of the Stakeholders’ Platform. Please make sure to make payments directly to the hotel you choose.
Participants are required to cover the costs of their airport transfer. The Coalition can however assist in arranging airport pick-up and drop-off for individuals or groups on request, provided the request is sent earlier in advance, at least 7 days before arrival date and 48 hours before departure date.
For any further clarifications/inquiries please contact us via email at; info@africancourtcoalition.org with a copy to admin@africancourtcoalition.org and coordinator@africancourtcoalition.org
IMPORTANT NOTICE:
The African Court on Human and Peoples’ Rights will convene a Solemn Ceremony for the Opening of the 2025 Judicial Year under the theme “Advancing Justice Through Reparations” on 3 February 2025. This event is already included in the Coalition Stakeholders’ Platform programme for all participants to attend.
The Court will also convene a judicial seminar on women’s rights and reparations on 4 February 2025 under the theme “Rendering Justice for Women through Reparations”. This event has not been included in the programme for the Stakeholders’ Platform, however, the event is open to all participants of the Stakeholders’ Platform and we would like to encourage you to participate to enrich the discussions. If you would like to participate, kindly plan your travel dates accordingly.
CLICK ON THIS LINK TO ACCESS THE RELEVANT DOCUMENTS RELATED TO THE EVENTS OF THE AFRICAN COURT ON THE MARGINS OF THE 76TH ORDINARY SESSION, INCLUDING THE REGISTRATION FORM.
Should you require further information on logistics and other arrangements related to the above-mentioned events of the African Court, please contact Ms Grace Wakio Kakai, Deputy Registrar of the Court, Email: registrar@african-court.org and Events@african-court.org and Telephone: +255 783057533/ +255680500555.