Advice without Consent?: Assessing the Advisory Jurisdiction of the African Court on Human and Peoples’ Rights

Abstract

ABSTRACT: Despite enduring prolonged skepticism, Africa’s regional human rights has a complex architecture of institutions, norms, procedures, and jurisprudence. A major entity among these institutions is the African Court on Human and Peoples’ Rights. In existence for over one and a half decades, the Court remains an institution in transition. With an identity defined mostly by its contentious jurisdiction, the significance of its advisory jurisdiction has been neglected. Three hundred eight cases (95.36 percent) of the 323 cases received by the court in its first fifteen years were contentious. The remaining fifteen (less than 5 percent) were advisory. Notwithstanding its relative rarity, the initial evidence suggests that advisory jurisdiction of the African Court could potentially play a significant role in shaping the trajectory of human rights norms in Africa. This article explores the mechanics and potential impact of the advisory jurisdiction of the African Court for the future of human rights in Africa.