Tanzania’s withdrawal from the Arusha-based African Court of Human and Peoples’ Rights (AfCHPR) came into effect on November 21, but the country legally remains a member of the Arusha-based court and will continue to adhere to other provisions of the protocol establishing it.
The court allows individuals and non-governmental organisations to sue Tanzania. As a human rights court and the African Union’s apex human rights mechanism, it has jurisdiction to hear cases alleging violations of the African Charter on Human and Peoples’ Rights.
However, the withdrawal means no Tanzanian individual or non-government organisation can seek direct recourse at the court. They can still do so through the African Commission on Human and Peoples’ Rights based in the Gambian capital Banjul.
“This withdrawal decision should not be construed as the end of the road for Tanzanians who may be aggrieved by certain state decisions or actions. Tanzania has not withdrawn from the protocol of the Treaty establishing the African Court, but from the clause that allows individuals and COSs to file cases directly with the court,” said Elifuraha Laltaika, a senior law lecturer at Arusha’s Tumaini University.
“Tanzania is therefore still a legitimate member of the African Human Rights Commission and can still be prosecuted through that avenue,” he added.
Tanzania’s withdrawal from the Arusha-based African Court of Human and Peoples’ Rights (AfCHPR) came into effect on November 21, but the country legally remains a member of the Arusha-based court and will continue to adhere to other provisions of the protocol establishing it.
The court allows individuals and non-governmental organisations to sue Tanzania. As a human rights court and the African Union’s apex human rights mechanism, it has jurisdiction to hear cases alleging violations of the African Charter on Human and Peoples’ Rights.
However, the withdrawal means no Tanzanian individual or non-government organisation can seek direct recourse at the court. They can still do so through the African Commission on Human and Peoples’ Rights based in the Gambian capital Banjul.
“This withdrawal decision should not be construed as the end of the road for Tanzanians who may be aggrieved by certain state decisions or actions. Tanzania has not withdrawn from the protocol of the Treaty establishing the African Court, but from the clause that allows individuals and COSs to file cases directly with the court,” said Elifuraha Laltaika, a senior law lecturer at Arusha’s Tumaini University.
“Tanzania is therefore still a legitimate member of the African Human Rights Commission and can still be prosecuted through that avenue,” he added.
The commission reviews all cases before and, if it is satisfied, forwards them to the court in Arusha.
source: theeastafrican.co.ke
