EN Official Journal of the European Union CE 84/579

(2004/C 84 E/0655)

WRITTEN QUESTION E-0389/04

by Gianfranco Dell'Alba (NI), Olivier Dupuis (Nl), Marco Cappato (NI), Benedetto Della Vedova (NI), Marco Pannella (NI), Maurizio Turco (NI) and Emma Bonino (NI) to the Commission

(12 February 2004)

Subject: African Court on Human and Peoples' Rights

On 25 January the Protocol for the establishment of the African Court on Human and Peoples' Rights entered into force. This is a major development in the history of the international protection of human rights. Currently, 15 African states are subject to the jurisdiction of this new court. Some of them are troubled by widespread violations of human rights and civil strife, such as Algeria, Burundi, Côte d'Ivoire and Rwanda. Botswana, the Democratic Republic of Congo, Niger, and others, are expected to ratify soon.

As in the erstwhile European human rights system, and, as in the case of the current system for the Americas, the establishment of the African Court will not abolish the African Commission on Human and Peoples' Rights. Rather, the Court will complement the Commission. In tandem, they can alter the landscape of accountable government in Africa. Unlike the case of the African Commission on Human and Peoples' Rights, which has existed since 1987, the judgments of the Court will be legally binding and thus enforceable in courts of law across Africa. Moreover, in the case of those countries who have accepted to do so, individuals will be able to approach the Court directly. This is a not-to-be-missed opportunity to strengthen the effectiveness of the African human rights regime and promote democracy in that continent.

1. What is the Commission doing, or planning to do, to facilitate the process of the establishment of the African Court of Human and Peoples' rights, and promote widespread ratification in the African continent?

2. Is the Commission going to make available funds to this end, and, if so, through what channels and procedures?

Answer given by Mr Nielson on behalf of the Commission

(22 March 2004)

1. The coming into force of the protocol establishing the African Court on Human and People's Rights indeed paves the way for the continent's first ever judicial institution dedicated to protecting basic human rights. The Commission has restated several times its support for the launching of the Court as an institution that could make a significant contribution in safeguarding and ensuring observance of human rights throughout Africa as well as in promoting democracy, the rule of law and good governance. In the opinion of the Commission, the establishment of the Court witnesses a new political environment which is more conducive for a bold and comprehensive action of the new African Union (AU) and its elected Commission in democracy, governance and human rights. The definition by Africans of instruments and monitoring instruments (African Peer Review Mechanism, Conference on Stability, Security and Development Cooperation in Africa) and institutions (Commission, Pan African Parliament, Court on Human and People's Rights) for the entire continent reflects this commitment and strong ownership. The Commission has also congratulated the AU for obtaining the required number of ratifications. However, the Commission does not intend to lobby for ratifying a Protocol it is not directly legally involved in.