Individual and NGO participation in human rights litigation before the African Court of Human and Peoples' Rights: lessons from the European and Inter-American Courts of Human Rights

Abstract

In terms of article 6(1) of the Protocol Establishing the African Court of Human and Peoples' Rights, the Court may entitle both relevant non-governmental organizations (NGOs) with observer status before the African Commission on Human and Peoples' Rights (the Commission), and individuals to institute directly before it, urgent cases or cases of serious, systematic or massive violations of human rights. In deciding the admissibility of cases brought under article 6(1), the Court may request the opinion of the Commission which must give its opinion as soon as possible. Additionally, article 25(2) of the Protocol provides that the Court may receive written and oral evidence and other representations including expert testimony and it shall make a decision based on such evidence and representations.