LEGAL CHALLENGES AND THE ROLE OF THE AFRICAN COURT ON HUMAN RIGHTS IN FACILITATING ACCESS TO JUSTICE IN AFRICA
The African Court on Human and Peoples’ Rights was established as a regional body to protect and promote human rights across Africa, focusing on violations that do not involve international crimes. Its primary aim is to complement national and international human rights efforts, addressing gaps in the region’s legal framework. Despite its crucial role, the continent faces significant challenges in advancing human rights, including political instability, weak legal systems, and inadequate enforcement of judicial rulings. These challenges hinder the practical realisation of justice, leaving many individuals unable to access fair treatment.
The African Court has a broad mandate, including jurisdiction over human rights violations and providing a forum for individuals, non-governmental organisations, and state parties to address abuses. It interprets and enforces the African Charter on Human and Peoples’ Rights and other related instruments, with the authority to issue binding decisions. The court plays a vital role in offering legal remedies to victims of human rights violations.
However, the court faces several challenges that undermine its effectiveness. Non-compliance by state parties is a significant issue, with many African countries failing to implement the court’s rulings or acknowledge its jurisdiction. Limited resources and a growing backlog of cases also strain the court’s capacity to handle increasing violations. Additionally, some countries are reluctant to allow individuals or NGOs access to the court, limiting its reach.
This paper explores the court’s legal functions, challenges, and impact on African human rights. It also examines potential solutions to improve the court’s effectiveness, such as strengthening its resources, encouraging political will from member states, and enhancing public awareness. The paper argues that urgent reforms are necessary to help the African Court realise its full potential and ensure that all African individuals can access justice and fairness.
KEYWORDS: African Court on Human and Peoples’ Rights, Role of the Court and Legal challenges facing access to Justice in the Court.
