From the African Court on Human and Peoples’ Rights to the African Court of Justice and Human Rights

Abstract

The establishment of the African Court on Human and Peoples' Rights was need based. The frequent human atrocities in Africa are a clear testimony of the inefficiency of the African Commission and impunity of African Governments. Extra-judicial executions, massacres, torture, disappearances, arbitrary detention and political surveillance and harassment are a common place in the entire continent This chapter traces the origin of the African Commission, its architecture and design and the rationale for setting up the Court. It then examines the functioning of the Court and its complimentary role to the Commission. The chapter further analyses the proposed merger of the African Court on Human and Peoples Rights with the African Court of Justice to form the 'African Court of Justice and Human Rights' (the merged Court). Lastly, the mandate of the merged Court is considered and its future implications to the eff ective protection of human rights in Africa. Keywords:African Commission; African Court; Human rights; Peoples rights