Access to the African Court on Human and Peoples’ Rights A Case of the Poacher turned Gamekeeper.docx
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1、A Case of the Poacher Turned Gamekeeper21Access to the African Court on Human and Peoples Rights:A Case of the Poacher turned GamekeeperDan Juma*AbstractThe last two decades have witnessed significant advances in the human rights landscape in Africa.The period has witnessed a modest though steady gr
2、owth of human rights, reflected in the growth ofnorms and institutions for the protection and promotion of human rights in the continent. A recententrant to the growing institutional edifice, the frican Court on Human and Peoples Rights, standsout in particular.Although an invaluable addition to the
3、 machinery for the protection of human rights, therestrictive access to the Court may undermine the utility of the Court. Under the Protocolestablishing the Court, States Parties have automatic access to the Court, whereas individuals andnon-governmental organizations (NGOs) can only institute cases
4、 before it if the State Partyconcerned makes a declaration accepting the competence of the Court to receive such cases. Evenso, the Court still has discretion to receive such cases. This scheme of access to the Court defies theprimary raison dof international human rights law, namely to protect the
5、individual or groupsagainst inimical conduct of the state. Moreover, states have no incentive to refer human rights casesto international human rights tribunals. Put more bluntly, to rely on the predatory5 state to institutecases before the African Court may well be a case of the poacher turned game
6、keeper.1. IntroductionThe adoption of the African Charter on Human and Peoples Rights marked a watershed inAfrica history. Adopted t a time when most African states were either authoritarian orrfmu扁脸of 碗o1簿ylajthsvno&e血包rft可 thahufbMt rbcpwtci9significant progress has been registered in the human ri
7、ghts landscape in Africa. The periodhas witnessed a modest albeit steady development of human rights, reflected in the growthof norms and institutions for human rights protection and promotion. Of these 3* The author is currently the Acting Deputy Executive Director of the Kenya Human Rights Commiss
8、ion,Nairobi, Kenya. He is an Advocate of the High Court of Kenya and holds an M.A. in International Law andHuman Rights from Universite pour la Paix, Costa Rica and an LL.B, from University of Nairobi, Kenya. Hehas previously worked with the Constitution of Kenya Review Commission, the National Cons
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