Missed Opportunities: Participation of NGOs in Advisory Proceedings of the African Court on Human and Peoples’ Rights

Abstract

Abstract This article scrutinizes the participation of NGOs in advisory proceedings of the African Court on Human and Peoples’ Rights. Contrary to its regional counterparts, the Court allows NGOs to petition for advisory opinions. In addition, NGOs can contribute to its advisory proceedings as amici curiae. Surprisingly, the Court has only delivered two advisory opinions requested by an NGO within the last 15 years. Moreover, the rate of amici interventions by NGOs in this Court’s advisory cases has been exceptionally infrequent. This article views that the less productive use of ACtHPR’s advisory function by NGOs is a loss to the African human rights system and is attributable not only to the Court itself but also to NGOs and State parties to the ACtHPR. It also holds that amici NGOs have been very instrumental to advisory proceedings and having greater participation of amici NGOs would provide concrete benefits to the proceedings.