AFRICAN UNION
UNION AFRICAINE
UNIÃO AFRICANA
AFRICAN COURT ON HUMAN AND PEOPLES’ RIGHTS
COUR AFRICAINE DES DROITS DE L’HOMME ET DES PEUPLES
P.O Box 6274 Arusha, Tanzania - Telephone: +255 732 979506/9; Fax: 255 732 979503
Concept Note on the Essay Competition on the African Court on Human and Peoples’ Rights
Introduction
1. The African Court on Human and Peoples’ Rights (the Court) was established by virtue of Article 1 of the Protocol
to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and
Peoples' Rights, (the Protocol) to complement the protective mandate of the African Commission on Human and
Peoples’ Rights (the Commission), with a view to enhancing the protection of human rights on the continent.
2. The establishment, it was believed, would fill the gap identified in the operations of the Commission: that it can only
make non binding recommendations, and therefore enhance the protection of human rights. The main purpose for
the establishment of the Court therefore was to ensure the effective protection of human rights on the continent.
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3. For the Court to achieve the purpose for which it was established, it must involve the different human rights actors,
in particular; individuals, NGOs and States Parties to the African Charter on Human and Peoples’ Rights (the
Charter) and the Protocol. These actors must understand not only the existence of the Court, but also its
importance, how they can utilize it to seek remedy for human rights violations and such other information as may
be useful.
4. Since the adoption of the Protocol in June 1998 (more than twelve years ago), only twenty six (26) of the fifty three
(53) Member States of the African Union have ratified it, and only five (5) States Parties to the Protocol have made
the Declaration under Article 34(6) thereto, allowing individuals and NGOs direct access to the Court. To date, the
Court has rendered a final judgment in only one case – Michelot Yogogombaye v the Republic of Senegal,
Application No. 001/2008, against a State Party that has not made the Declaration, and has received five cases
which are pending before it.
5. It is not certain why all fifty three Member States of the African Union have not ratified the Protocol and made the
Declaration. However, it appears that one of the reasons is lack of information.
6. Experience from other regional human rights bodies, including the African Commission and the Committee of
Experts on the Rights of the Child, shows that very few people know about the existence of these institutions, let
alone, how they can access them. The situation may not be different with respect to the Court. It is probably the
case that the majority of the people the Court was established to serve do not know about its existence, let alone,
how they can access it.
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7. The effective protection of human rights on the continent therefore requires the involvement of all the key
stakeholders, including in particular, the general population, NGOs, NHRIs and Member States themselves. One
way to involve these stakeholders is to engage them in dialogue, through meetings and other awareness and
sensitization activities to address them about the Court, in particular, on its establishment, mandate, relevance to
the protection of human rights and to national and regional development as a whole, as well as on the role each
stakeholder can play or should play to ensure the effective protection of human rights in general and the
effectiveness of the Court in particular.
8. This need for awareness raising and sensitization has been recognized and discussed on several occasions by the
Court itself. It is against this background that this essay competition has been organized.
Aims and Objectives
9. The main objective of the essay competition is conscientize law students who may become future lawyers, human
rights practitioners, academics and perhaps politicians about the role of the Court in the protection of human rights
in Africa.
10. The specific objectives include:
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Educating Law Students about the Court
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Raising awareness of law students about their role in the human rights discourse
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Inviting law students to participate in the discussions on human rights in Africa and the role of the Court
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Encouraging students to explore new ideas on human rights and on the Court
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Sensitizing would-be lawyers and human rights practitioners on how to access and utilize the Court and the
procedures before the Court
Brief description of activity
11. The essay competition involves inviting law schools and faculties across Africa to encourage and allow their
undergraduate students to submit essays in five categories in accordance with the specific objectives of the
competition. The Court will, together with this concept note, send invitation letters to Faculties and Law Schools
inviting them to allow their students to participate in submitting essays on the five topics that will be communicated
at the same time.
Topics and Size of the Essay
12. The five essay topics are attached to this concept note. Submissions thereon shall, inclusive of notes and
bibliography, be between thirty (30) to forty (40) pages of typewritten script, on font size Arial 12.
Examiners/Markers
13. The Court will have sole discretion in the selection and appointment of examiners/markers for the essays.
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Prizes
14. The top three essays in each category will receive prices at the discretion of the Court. The participating institutions
which students attain the top three will also be awarded prizes at the discretion of the Court. The will organize a
prize giving ceremony for the winning essays and institutions in accordance with the programme.
Copyright
15. The Court reserves the right to compile the essays into a compendium for publication and/or public dissemination
for no profit and without notice to the authors. The Court may allow the authors to publish their papers in pertinent
human rights journals.
Information material
16. All the basic documents of the Court will be given to each institution that agrees to allow its students to participate.
These include the Charter, the Protocol, the Rules of Procedure, a background document on the Court.
Participants
17. The competition is only open to undergraduate students from participating Law Schools and Faculties, across the
five regions of Africa, and faculties will be expected to vouch safe this requirement by supplying the full details of
participating students as provided for in the invitation letter. Each institution will be required to allow one
submission in a category of its or its student(s) choice. Female candidates are encouraged to participate.
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Language
18. The essays will be submitted in any of the following languages: English, French, Arabic and Portuguese. The Court
will be responsible for translation of the top three essays in each category into all the four languages.
Programme
19. The Programme for the competition is transmitted to Law Schools and Faculties with this concept note.
Further Information
20. Further information on the Court’s sensitization programme could be obtained from the Court’s website at
www.african-court.org . For more information, please contact:
Ms. Jester Helena Charewa
Senior Legal Officer
African Court on Human and Peoples’ Rights
Email: jester.charewa@african-court.org or jestercharewa@yahoo.com.
Tel: +255 766 266 392 or +255788790728
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