African court of Human Rights.
Human rights, African court,Banjul charter, peoples rights, African charter, charter article etc

  Online African court of Human Rights :   
The organization of  African unity  is a regional human rights  court regime  which exist under African Charter on Human  Rights called Banjul Human  Rights. This African  regional human rights  court regime was
adopted by the 18 of  African State and Government of the Organization of African Unity on 27 June 1981 in Nairobi, Kenya and is in law for court since  21 October 1986 after the ratification of the African Charter on Human  Rights by 25 States. By now, all 53 members of the African Union except Morocco have ratified the African Charter on Human  Rights . So accept regional human rights  court regime.

Protocol to the African Charter on Human  Rights on the Establishment of an African Court on Human  Rights was Adopted in Ouagadougou in June 1998.By now 21 African States have ratified the Protocol on the Establishment of an African Court on Human  Rights.

This Protocol  on the Establishment of an African Court on Human  Rights HAVE AGREED AS FOLLOWS:

Article 1 ESTABLISHMENT OF THE African Court on Human  Rights
There shall be established within the Organization of African Unity an African Court on Human and Peoples` Rights hereinafter referred to as “the African Court on Human  Rights”, the organization, jurisdiction and functioning of which shall be governed by the present Protocol.
 

Article 2 :The African Court on Human  Rights shall, bearing in mind the provisions of this Protocol, complement the protective mandate of the African Commission on Human  Rights ..
 

Article 3 JURISDICTION ;. The jurisdiction of the African Court on Human  Rights shall extend to all cases and disputes submitted to it concerning the interpretation and application of the Charter, this Protocol and any other relevant Human Rights instrument ratified by the States concerned.

2. In the event of a dispute as to whether the African Court on Human  Rights has jurisdiction, the African Court on Human  Rights shall decide.
 

Article  5: the Commission,  State Party concerned and African Intergovernmental Organizations   are entitled to submit cases to the African Court on Human  Rights. . When a State Party has an interest in a case, it may submit a request to the African Court on Human  Rights to be permitted to join. .
 

Article 6 ADMISSIBILITY OF CASES : The African Court on Human  Rights, when deciding on the admissibility of a case instituted under article 5 of this Protocol, may request the opinion of the Commission which shall give it as soon as possible.. The African Court on Human  Rights shall rule on the admissibility of cases taking into account the provisions of article 56 of the Charter. The African Court on Human  Rights may consider cases or transfer them to the Commission.

Article 7 SOURCES OF LAW : The African Court on Human  Rights shall apply the provision of the Charter and any other relevant human rights instruments ratified by the States concerned.

Article 8 CONSIDERATION OF CASES: he Rules of Procedure of the African Court on Human  Rights shall lay down the detailed conditions under which the African Court on Human  Rights shall consider cases brought before it, bearing in mind the complementarily between the Commission and the African Court on Human  Rights.

Article 9 AMICABLE SETTLEMENT: The African Court on Human  Rights may try to reach an amicable settlement in a case pending before it in accordance with the provisions of the Charter.

Article 11 COMPOSITION :. The African Court on Human  Rights shall consist of eleven judges, nationals of Member States of the OAU, elected in an individual capacity from among jurists of high moral character and of recognized practical, judicial or academic competence and experience in the field of human and peoples` rights.. No two judges shall be nationals of the same State.

Article 14 ELECTIONS :. The judges of the African Court on Human  Rights shall be elected by secret ballot by the Assembly from the list referred to in Article 13 (2) of the present Protocol.. The Assembly shall ensure that in the African Court on Human  Rights as a whole there is representation of the main regions of Africa and of their principal legal traditions. shall be followed for the filling of vacancies.
Article 23 QUORUM: The African Court on Human  Rights shall examine cases brought before it, if it has a quorum of at least seven judges.
 

Article 26 :
The African Court on Human  Rights shall hear submissions by all parties and if deemed necessary, hold an enquiry. The States concerned shall assist by providing relevant facilities for the efficient handling of the case. . The African Court on Human  Rights may receive written and oral evidence including expert testimony and shall make its decision on the basis of such evidence.

Article 27 :
1. If the African Court on Human  Rights finds that there has been violation of a human or peoples’ rights, it shall make appropriate orders to remedy the violation, including the payment of fair compensation or reparation. . In cases of extreme gravity and urgency, and when necessary to avoid irreparable harm to persons, the African Court on Human  Rights shall adopt such provisional measures as it deems necessary.
 

Article 28 :
1. The African Court on Human  Rights shall render its judgment within ninety (90) days of having completed its deliberations.

2. The judgment of the African Court on Human  Rights decided by majority shall be final and not subject to appeal.

3. Without prejudice to sub-article 2 above, the African Court on Human  Rights may review its decision in the light of new evidence under conditions to be set out in the Rules of Procedure.

4. The African Court on Human  Rights may interpret its own decision.

5. The judgment of the African Court on Human  Rights shall be read in open African Court on Human  Rights, due notice having been given to the parties.

6. Reasons shall be given for the judgment of the African Court on Human  Rights.

7. If the judgment of the African Court on Human  Rights does not represent, in whole or in part, the unanimous decision of the judges, any judge shall be entitled to deliver a separate or dissenting opinion.


Article 30 : The States Parties to the present Protocol undertake to comply with the judgment in any case to which they are parties within the time stipulated by the African Court on Human  Rights and to guarantee its execution.
 

Article 31 :The African Court on Human  Rights shall submit to each regular session of the Assembly, a report on its work during the previous year. The report shall specify, in particular, the cases in which a State has not complied with the African Court on Human  Right's judgment.