Taking a Case to the African Court of Human and Peoples' Rights : Procedural Challenges and the Court's Role in Addressing Them

Abstract

ABSTRACT

The Protocol on the African Court of Human and Peoples’ Rights, adopted in 1998 and entered into force in 2004, is designed to reinforce the human rights protection that has been under the African Commission on Human and Peoples’ Rights. The provisions of the Protocol are not clearly stipulated on points that deal with the salient procedural issues. This thesis explores the challenges that the Court will encounter in applying procedural rules and its role in addressing them. Of specific interest are the questions of which parties have the right of access to the Court, the right of individuals and NGOs to take a case to court, and related admissibility procedures. Further, the jurisdiction of the Court presents the Court with problems of definition.

As a result, the central idea of the thesis attempts to unearth the challenges that the Court will come across in interpreting the doubtful provisions. The thesis argues and concludes that it is possible for the Court to address these issues in a proper manner and suggests that it should be judicially active in its interpretation to safeguard the protection of human rights in Africa.