AN APPRAISAL OF THE ROLE OF ECOWAS COURT OF JUSTICE AND THE SOUTHERN AFRICAN DEVELOPMENT (SADC) TRIBUNAL IN THE PROTECTION OF HUMAN RIGHTS

AN APPRAISAL OF THE ROLE OF ECOWAS COURT OF JUSTICE AND THE SOUTHERN AFRICAN DEVELOPMENT (SADC) TRIBUNAL IN THE PROTECTION OF HUMAN RIGHTS

Background to the Study

Human Rights mean that human rights serve to protect and promote the dignity of human beings worldwide1. Human rights can be seen as a legal codification of the concept of human dignity. Despite different regional perceptions and arguments relating to cultural relativism, the concept of human rights and their universality is generally accepted, although these always have to be seen in their specific contexts2. Human rights, as a legal concept and codification of human dignity, were late to arrive in Africa. Its evolution in Africa is to be seen against the background of the dynamic development of human rights within the United Nations system and that of international law, although the impetus of this evolution is owed to the struggles within African states in the colonial and post-independence eras3.

The role of the Organization of African Unity (OAU) and its successor, the African Union (AU), must also be acknowledged here. Since the OAU‟s inception in 1963, several organizations‟ instruments and mechanisms have come to the fore, aiming at promoting and protecting human rights in Africa. The adoption of the African Charter on Human and Peoples‟ Rights in 1981 is considered a milestone in this regard, as are the establishment of the African Commission on Human and Peoples‟ Rights and the associated African Court of Human and Peoples‟ Rights. In addition, regional economic communities have set up their own organizations and instruments aiming at promoting human rights in their respective regions4.

The ECOWAS Court of Justice for example had made a number of rulings on human rights issues. In 2008, the Court took a pioneering decision concerning slavery: The State of the Niger was convicted having violated the human rights of one of its citizens. While the Court found that Niger was not itself responsible for the discrimination– the plaintiff was subjected to by a non-State actor, namely her former master – the country was found in violation of its international obligations to protect Mrs Hadijatou Mani from slavery under international as well as national law because of its tolerance, passivity, inaction, and abstention with regard to the practice. Niger had to pay reparations in the amount of 10 million CFA francs (more than 20,000 US-Dollar)5. The judgment6 has been referred to as historic, because this is one of the first slavery cases ever to be won at the international level.

This is the first judgment of the ECOWAS court to address serious human rights violations. It heralds an important role for this and potentially other regional economic courts in the determination of human rights issues. While less experienced in human rights law than certain other bodies, the court showed itself open and receptive to international and comparative law arguments. It sat in the state where the violations occurred, therefore allowing critical access by the victim, witnesses and civil society to the court proceedings, with an important impact on the debate on slavery in Niger. The court heard the case and issued judgment in a relatively short period of time. Critically, this court issues binding judgments7 which the state must implement. This case illustrates the potential importance of this court‟s role in the protection of human rights in West Africa8.

TOPIC: AN APPRAISAL OF THE ROLE OF ECOWAS COURT OF JUSTICE AND THE SOUTHERN AFRICAN DEVELOPMENT (SADC) TRIBUNAL IN THE PROTECTION OF HUMAN RIGHTS

Chapters: 1 - 5
Delivery: Email

Number of Pages: 78

Price: 3000 NGN

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