Abstract
The purpose of this article is to examine the possible repercussions that the revised Rules of the Court adopted in September 2020 may have on the right to reparations. In particular, the article focuses on the two procedures to issue a judgment on reparations, specific procedures and third party interventions. The information therein has been assembled by reviewing relevant regional legal instruments such as the African Charter, the African Court Protocol and the Rules of Procedure of the African Commission and the Court with their counterparts in the European and Inter-American systems, as well as through an appraisal of pertinent case law. The revision of the Rules of Court demonstrates a constructive attempt by the African Court to clarify previously imprecise rules, expand the scope of specific procedures and reiterate its competencies. These additions are evident in the new arrangement of the contents of an application, and the inclusion of the pilot-judgment procedure or the revised Rule 72 which reaffirms the binding nature of all Court decisions. The article highlights relevant changes to the Rules of Court while arguing that additional rules need to be amended or expanded to more effectively guarantee the right to reparations. To that end, it provides recommendations for the African Court to consider.
Highlights
The African Court on Human and Peoples’ Rights (African Court) adjudicates on cases brought before it by state parties, African intergovernmental organisations, the African Commission on Human and Peoples’ Rights (African Commission) and filed by or on behalf of individuals and non-governmental organisations (NGOs) of states that have ratified the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights (African Court Protocol) and made a declaration accepting the competence of the Court under article 34(6) of the Court Protocol.[1]During the years 2009 and 2010 the African Court and the African Commission conducted three joint meetings aimed at harmonising their corresponding interim Rules
The information therein has been assembled by reviewing relevant regional legal instruments such as the African Charter, the African Court Protocol and the Rules of Procedure of the African Commission and the Court with their counterparts in the European and Inter-American systems, as well as through an appraisal of pertinent case law
The Court stated in Mtikila that it does not suffice to show that the respondent state has violated one of the rights enshrined in the African Charter, as applicants are expected to prove the damages suffered.[13]
Summary
The African Court on Human and Peoples’ Rights (African Court) adjudicates on cases brought before it by state parties, African intergovernmental organisations, the African Commission on Human and Peoples’ Rights (African Commission) and filed by or on behalf of individuals and non-governmental organisations (NGOs) of states that have ratified the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights (African Court Protocol) and made a declaration accepting the competence of the Court under article 34(6) of the Court Protocol.[1]. In the case of Reverend Christopher R Mtikila v Tanzania the African Court referred to the jurisprudence of the African Commission to affirm that a state that has violated the rights enshrined in the African Charter should ‘take measures to ensure that the victims of human rights abuses are given effective remedies, including restitution and compensation’.4 This view was later upheld in Beneficiaries of the Late Norbert Zongo & Others v Burkina Faso where the Court affirmed that, under international law, reparations may take several forms and used article 34 of the ILC Draft Articles[5] and the jurisprudence of the UN Committee against Torture to exemplify them.[6]. In the Norbert Zongo case[7] the African Court recognised the concept of ‘full reparations commensurate with the prejudice suffered’: ‘Reparation consists of measures tending to eliminate the effects of the violations that have been committed.’
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