At 20, Africa’s Human Rights Court Matters More Than Ever

by Duncan Galvin Gaswaga

The African Court on Human and People’s Rights is the principal judicial organ of the African Union charged with protecting human rights on the African continent. Established by the African Charter on Human and People’s Rights in 1998, the Court came into force in January 2004 and now marks 20 years of interpreting the African Charter and holding states accountable.

Located in Arusha, Tanzania, it brings together 11 judges elected from across Africa’s regions. They hear human rights cases brought by or against any of the 34 nations that have ratified the Charter as well as cases regarding the interpretation of the Charter. In addition to its contentious jurisdiction, the Court can give advisory opinions on matters of human rights at the request of member states.

As the Court enters its third decade, its achievements, challenges and future role in Africa’s justice landscape deserve renewed attention.

In its 20 years of existence, the Court has emerged as a regional remedy where national judicial and human rights mechanisms have failed due to delay, political interference or inaction. It has, as a result, built a reputation as a “court of last resort” on the continent. This growing relevance, reflected in the steady rise of cases brought before the Court, with 363 cases filed by the end of 2025, signals increasing confidence among Africans in the institution once seen as symbolic.

Perhaps the Court’s most tangible impact is the provision of remedy and reparations to victims who had failed to find justice in the national courts. One of its most significant decisions was in Zongo v Burkina Faso in which it held the state responsible for failing to effectively investigate the murder of journalist Norbert Zongo. It ordered reparations for the victim’s family and directed the state to reopen investigations into the killings. This was a big win for the Court where it ordered reparations for victims for the first time in its history.

The Court’s contribution to human rights protection extends far beyond just cases it decides, but through advisory opinions issued at the request of member states, it has also helped to shape the interpretation and development of human rights norms on the continent.

Beyond the courtroom, the Court has collaborated with civil society to undertake awareness and sensitization programs. These include workshop, seminars, publications and conferences with key stakeholders where they are educated on human rights norms, obligations. While less visible than judgements, this also plays a critical role in strengthening human rights literacy across Africa.

 Despite its growing influence, the African Court faces major challenges that have hindered its continental mandate. Chief among these is the poor implementation of judgements with less than 10% of its decisions fully implemented. This is due to the absence of a binding enforcement mechanism by the Court and more critically, the lack of political will on the part of the African Union’s executive to compel members’ compliance with court orders. This has left it to appear as symbolic institution rather than an active defender of human rights.  

Another major obstacle lies in the Court’s limited accessibility to individuals and NGOs. This is because direct access remains dependant on their states depositing a special declaration, a step that only eight states have taken, and even more concerning some states like Rwanda have recently withdrawn their declarations hence further shrinking the Court’s reach and weakening its impact.

This severely limits the access of individuals and NGOs who are forced to resort to the cumbersome indirect procedures to get cases to the court. This leaves the Court’s protective mandate underutilized. 

Compounding these challenges is the Court’s limited visibility across the continent. Despite being operational for nearly two decades, public awareness amongst citizens and civil society about the Court’s mandate remains low. This in addition to little or no media coverage of cases handled leaves the Court underutilized after all, how could citizens turn to a court they scarcely know exists?

If the Court is to fulfil its role on the continent, the problem of enforcement can no longer be ignored.  The African Union and member states must go beyond stated support for the Court and develop an enforcement mechanism to ensure full compliance with decisions made. Without meaningful political backing, the Court’s decisions risk becoming little more than moral pronouncements.  

Equally important is the need to bring the Court closer to the people it serves. A comprehensive awareness campaign across the continent aimed at educating citizens and demystifying the Court’s role would go a long way to this. This, as well as increased media engagement such as coverage of cases will create more awareness of the Court’s existence, understanding of its work and lead to greater utilisation by those seeking redress.

As the African Court marks two decades of operation, its relevance has never been more urgent. At a time when many democracies are backsliding, civil space is shrinking and political intolerance is increasingly common across the continent, the Court stands as one of the few remaining safeguards against violation of human rights. Strengthening and supporting the Court should therefore not be viewed as the individual role of the African Union but should be a collective responsibility of all Africans.