Africa-Press – Tanzania. THE Commission for Human Rights and Good Governance has requested the government to restate the Declaration, allowing individuals and Non-Government Organizations (NGOs) to file cases directly to the African Court for Human and Peoples’ Rights.
The request was made on Tuesday in Dar es Salaam by the Commission’s Chairman, Judge (rtd) Mathew Mwaimu, at the ongoing conference that has brought together several high-ranking judicial officers from different African countries to discuss the implementation and impact of Court decisions.
In his statement he made at the conference, Judge Mwaimu pointed out that such a positive step by Tanzania will return confidence both to the ordinary citizenry and the human rights fraternity and also to maintain the spirit to which Tanzania decided to host the court.
“The court should be maintained at any cost. All challenges faced should be settled by consensus through dialogue. The African Union which created the Court should take the chance to sit down with all relevant stakeholders so as to iron out these challenges,” the Commission’s Chairman said.
According to him, the African Court for Human and Peoples’ Rights (Court) has been established for a very good purpose and employed eminent resourceful people in the continent and that state parties contribute funds to run it.
He said it was the Commission’s position that whatever difference which might cause Tanzania to withdraw the declaration was within the African Union (AU) and other relevant stakeholders to resolve with the aim of maintaining the work of the Court to ensure that human rights prevail in the continent.
“Article 29(2) and Article 31 of the Protocol provide for the monitoring process. The AU should discuss with the court on how the judgments could be implemented in a better manner without any cumbersome procedures. Rules of the court may also be reviewed to allow compelling provisions,” he explained.
Moreover, Judge Mwaimu was of the view that while the Court has its rules, the implementation rules should also be domesticated with a different Arm of the State, that is, the Judiciary or the Parliament be given the duty to monitor the implementation of the decisions of the Court.
He pointed out further that failure to implement Court decisions and the withdrawal of the Declaration under Article 34(6) of the Protocol by Tanzania for any reason had a negative impact.
“This means, therefore, that the right to individuals and non-governmental institutions which wish to defend human rights through the principle of public litigation for the affected has been curtailed, thus defeating the whole purpose to the establishment of the Court,” the Commission’s Chairman said.
Presenting a paper on experiences of civil societies at the conference, Seasoned Advocate BahameNyanduga, a Tanzanian, pointed out that the African Court has received a total of 335 applications or cases out of which 21 have been made by NGOs.
He said that besides filing cases or applications before the Court, the civil society organizations were involved in the dissemination of the work of the Court, thus, the NGOs were important stakeholders and were concerned when they see court judgments are not implemented.
“Implementation of Court judgments and orders is important because it provides the victim the remedy he or she deserves once the violation is established by the court, hence the right to a remedy,” the Advocate said.
The establishment of the African Court for Human and Peoples’ Rights is a decision of the African Union, which was made in order to complement the work of the African Commission for Human and Peoples’ Rights.
Its purpose is, among others, to ensure that disputes brought to its attention are adjudicated and its decisions implemented in accordance with the African Charter for Human and Peoples’ Rights and other regional and international human rights instruments.
Tanzania as a member of the African Union has ratified both the Charter and the Protocol to the establishment of the Court. Moreover, the State has ratified most of the relevant human rights instruments both at regional and international level.
By ratifying, that means Tanzania is bound to those instruments. Tanzania has been a member to the Court since its inception and has the honour of being the host accommodating the Court at Arusha.
It is worth noting that the current President of the Court, Her Ladyship Madam Judge ImaniAboud, who is the second Tanzanian to hold the pride position after the late Justice AugustinoRamadhani.
When the Court was established, Tanzania was among the earliest Member States who deposited a Declaration under Article 34(6) of the Protocol agreeing institutions and individuals to access the Court.
However, the State Party withdrew the declaration. In a number of decisions, the Court assumed jurisdiction to all cases which were filed before the withdrawal of the declaration and are still pending.
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