Resolution on the Protocol to the Establishment of an effective African Court on Human and Peoples’ Rights
We, the participants to the Forum on the Participation of NGOs in the 44th Ordinary Session of the African Commission on Human and Peoples’ Rights held in Abuja, Federal Republic of Nigeria from 7th to 9th November, 2008,
Considering that 24 states have to date ratified the protocol to the African Charter on Human and Peoples’ Rights establishing the African Court on Human and Peoples’ Rights;
Concerned that many State parties have signed but not yet ratified the Protocol;
Further concerned that only two African states, Burkina Faso and Mali, has made the declaration under the protocol establishing the African Court of Human and Peoples’ Rights allowing for direct access to individuals and NGOs;
Noting that the Assembly of Heads of States and Governments have adopted the protocol on the Statute of the African Court of Justice and Human Rights;
Observing that and institutional framework for cooperation between the African Commission and the African Court on Human and Peoples’ Rights is under consideration but has not yet been implemented;
Noting the African Court on Human and Peoples’ Rights have conclude on the interim Rules of Procedure;
Commending the AU for increasing the budget of the African Court on Human and Peoples’ Rights;
Recalling previous recommendations of the NGO Forum on the African Court on Human and Peoples’ Rights;
We call upon the African Commission to:
1. Adopt a resolution exhorting States Parties to ratify the protocol to the African Charter on Human and Peoples’ Rights establishing the African Court.
2. Finalize the process of harmonizing the Rules of Procedure for the African Commission and the African Court on Human and Peoples’ Rights as the harmonized rules will clarify procedures in lodging communications at the African Commission an its complementary relationship with the African Court.
Done in Abuja, November 9th, 2008
