Africa: African Commission on Human and Peoples’ Rights calls for the full continental ratification and implementation of the African Disability Protocol

Africa: African Commission on Human and Peoples’ Rights calls for the full continental ratification and implementation of the African Disability Protocol

On the International Day of Persons with Disabilities, the ICJ, Inclusion Africa, Sightsavers and Validity Foundation welcome the adoption by the African Commission on Human and Peoples’ Rights of a Resolution on 6 November aimed at advancing the ratification and effective implementation of the African Disability Protocol (“Protocol”) across the African continent.

The African Court on Human and Peoples’ Rights’ judgment of 22 September 2022: A clear rebuke of Tunisia’s authoritarian drift

The African Court on Human and Peoples’ Rights’ judgment of 22 September 2022: A clear rebuke of Tunisia’s authoritarian drift

Today, the African Court of Human and Peoples’ Rights (AfCHPR) opens its 71st Ordinary Session. To mark the occasion, the International Commission of Jurists (ICJ), in collaboration with inkyfada, looks back at AfCHPR’s September 2022 judgement against Tunisia, in which it ordered the republic to return to constitutional democracy and establish an independent constitutional court. The ICJ examines the impact of the judgement on human rights in Tunisia, and how individuals can operationalize the AfCHPR to challenge the curtailment of fundamental freedoms, judicial independence and rule of law in Tunisia.

ICJ’s questions and answers:

It has been more than a year since the African Court on Human and People’s rights issued its judgment in case No. 017/2021, “Ibrahim Ben Mohamed Ben Brahim Belguith v. Republic of Tunisia”, of 22 September 2022. The case was brought by Mr. Belguith, a national of Tunisia and a lawyer, who complained of violations of his rights under the African Charter on Human and Peoples’ Rights and other human rights instruments as a result of the promulgation of several Tunisian presidential decrees adopted under the “state of exception” pursuant to article 80 of the 2014 Constitution since 25 July 2021. In this judgment, the African Court ordered Tunisia to repeal these decrees, to return to constitutional democracy within two years and to ensure the establishment and operation of an independent constitutional court within the same period.

What does this judgment mean and why is it important for the rule of law and human rights in Tunisia? The ICJ provides answers in the Q&A below:

    1. What is the African Court on Human and Peoples’ Rights?
      * The African Union 
      * The African Charter on Human and Peoples’ Rights
      * The African Commission on Human and Peoples’ Rights
      * The African Court on Human and Peoples’ Rights
      * Tunisia’s adherence to the African Human Rights System
    1. Why was the African Court seized of the situation in Tunisia? Contextual overview
      * President Kais Saied’s power grab of 25 July 2021
      * The absence of a Constitutional Court
    1. What did the 22 September 2022 judgment rule?
      * How the African Court came to rule on the matter: the application
      * What the judgment ruled:
    1. What are the next steps?
      * Implementation
      * Other complaints against Tunisia pending before the African Court
Download the full Q&A in English here
Download the full Q&A in French here
Download the full Q&A in Arabic here

 

 

 

 

Eswatini: ICJ makes submissions to the African Commission on Human and People’s Rights (ACHPR) in advance of its examination of Eswatini’s Report

Eswatini: ICJ makes submissions to the African Commission on Human and People’s Rights (ACHPR) in advance of its examination of Eswatini’s Report

During a recent visit to Eswatini from 2 to 5 November 2021, the International Commission of Jurists (ICJ) engaged with civil society organizations, lawyers, the Swaziland Human Rights Commission and government officials on the local human rights record. The ICJ subsequently filed a submission to the ACHPR documenting its findings, and supported the drafting of a separate submission by the Foundation for Socio-Economic Justice (FSEJ) in Swaziland. These submissions draw on the ICJ’s human rights work on Eswatini over more than a decade, as well as on the FSEJ’s continued human rights advocacy and monitoring in context of the current pro-democracy protests.  

Africa: African Commission on Human and Peoples’ Rights calls for the full continental ratification and implementation of the African Disability Protocol

The ICJ and ZimRights ask for urgent intervention on access to COVID-19 vaccines from African Commission Mechanism

In a letter of 17 February, the ICJ and ZimRights called on the Chairperson of the African’s Commission on Human and Peoples’ Rights Working Group on Economic, Social and Cultural Rights to address Zimbabwe’s failure to meet its obligations to protect the rights of life and health of its population in respect of its COVID-19 vaccine policies.

Zimbabwe had failed to produce, publish and widely disseminate a comprehensive plan on vaccine acquisition and distribution. These are also necessary measures to secure the life and health of those living in neighbouring countries of Zimbabwe and therefore of broader concern within the Southern African Development Community in particular.

The ICJ and ZimRights called for an intervention of the Working Group and the wider African Commission with a view to ensure that vital information is made available by the Government of Zimbabwe about its national plan for COVID-19 vaccine procurement, distribution and roll-out including any resources it has set aside for these efforts.

To read the full letter, click here.

 

Contact

Kaajal Ramjathan-Keogh, ICJ Africa Director, Kaajal.Keogh(a)icj.org, +27 84 514 8039

Tanveer Jeewa, Media and Legal Consultant, Tanveer.Jeewa(a)icj.org

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