Monrovia – Liberia: The African Court established by virtue of Article 1 of the Protocol of the African Charter on Human and Peoples’ Rights is currently in the country holding talks with government officials for its ratification in the country.
Liberia since signing on to the Protocol which was adopted in June 1998, in Ouagadougou, Burkina Faso, and entered into force on 25 January 2004, is yet to domesticate the continental instrument.
The African Court is a continental Court with the mandate to enhance the judicial protection of human and people’s rights in Africa.
During a courtesy visit to the legislature, the African Court Judge, Justice Imani Daud said to date, 34 out of 55 Member States of the African Union (AU) have ratified the Protocol with Liberia still being left behind.
“I must point out that the Republic of Liberia is yet to ratify the Protocol even though it signed the same in 1998”.
According to Judge Daud, under Article 34(6) of the Protocol, at the time of ratification or after ratification of the Protocol, a State Party has to deposit a separate Declaration by virtue of which it allows the Court to receive cases directly from individuals and Non-Governmental Organizations (NGOs), adding only 8 of the 34 State Parties to the Protocol have deposited such a Declaration. The 8 eight States include Burkina Faso, The Gambia, Ghana, Guinea-Bissau, Mali, Malawi, Niger and Tunisia.
Justice Imani Daud noted the Court has received 344 cases in contentious matters and 15 requests for an advisory opinion and delivered a total number of 237 decisions (Judgments) through contentious proceedings, 15 rulings on Advisory Opinion, and 154 orders, with 130 cases pending as of today.
Meanwhile, The Court through its Judge wants the Legislature to have a central role in ensuring that all public or private authorities respect the constitution and that the State complies with its obligations under international human rights treaties that it has ratified.
The Senate seems to shares a common purpose with the African Court on Human and Peoples’ Rights; the protection of human rights.
The head of the African Court revealed that Liberia’s inability to ratify the Protocol has resulted in Liberian nationals and Non-Governmental Organizations not having access to file cases directly before the Court.
The African Court believes ratification of the Court Protocol and deposition of the Declaration would greatly facilitate complementarity between the Liberian national systems and the African Court for the protection of human rights.
“Given this background, we therefore request that the Honorable Legislature plays a key role in advocating for the Executive to take steps to ratify the Court Protocol and deposit the Declaration under Article 34(6) of the Court’s Protocol” Justice Imani Daud added.
She added that the Legislature advocates for the utilization of the Court’s advisory jurisdiction, as it is a non-contentious way of clarifying the provisions of human rights instruments to which Liberia is a party, which would not only benefit the Republic of Liberia and its citizens but the African continent as a whole.
