African Court on Human and Peoples’ Rights: recent developments and case law

Abstract

The African Court on Human and Peoples’ Rights (ACtHPR) was estab-
lished under the Protocol to the African Charter on Human and Peoples’
Rights (African Charter) on the Establishment of an African Court on Human
and Peoples’ Rights (Protocol). It was adopted in June 1998 and came into
force in January 2004.Even though the ACtHPR and the African Commission
on Human and Peoples’ Rights (AComHPR), which was established under the
African Charter, operate in the context of the African Union (AU), neither or-
gan is part of the AU’s institutional architecture. In effect, they are both trea-
ty-based organs. For this reason, all contracting parties to the African Charter
come under the jurisdiction of the AComHPR. Presently, of the fifty-five AU
Member States, only Morocco is not a party to the African Charter. In contra-
distinction, the ACtHPR exercises jurisdiction only over those AU Member
States which have ratified the 1988 Protocol.