Africa is a graveyard of human rights laws that have created expectations only to be dashed. But hopes were raised last week during the 7th African Union Summit with the launch of the African Court on Human People's Rights (ACHPR).
Until now Africa's human rights abuses and the impunity of their perpetrators have had little redress. The protection of rights listed in the African Charter rested solely on the African Commission with no judicial forum for enforcement. On paper the ACHPR is the missing link in the African human rights mechanism and shows resolve by African governments to realise the spirit of the Charter.
The function of the Court is to make African States accountable for human rights violations in their jurisdiction. In theory this gives the Court a broad remit, but in practice it is limited to only the 23 states that have ratified the ACHPR Protocol, out of a possible 53 African Union members. And since the Commission's inauguration in 1987, no member state has ever filed a complaint against another. Only Burkina Faso accepts the jurisdiction of the court to hear cases from individuals and non-governmental organisations.
The ACHPR will also have to contend with the problems of inadequate funding—the projected budget for the African Union for all its commitments for the next year is US$129·6 million—but by last week's summit only US$39 million had been received.
It remains for the Court to be set up effectively, to function independently, and to develop its own jurisprudence. But with judges elected by Heads of States, judicial independence is uncertain. And with only two of the 11 judges elected being female, adequate consideration of issues relating to the violations of the human rights of women could be compromised.
Despite these structural problems of implementation, the ACHPR is a vital step towards the protection of human rights in Africa. However, other impediments remain—political instability, poor governance, poverty, and widespread illiteracy. Until these are addressed human rights will not be African rights.