Africa: Joint Communique of the African Court On Human and Peoples' Rights and the Community Court of Justice, Ecowas

25 June 2023
African Court on Human and Peoples' Rights (Arusha)
document

ARUSHA, UNITED REPUBLIC OF TANZANIA

24TH JUNE 2023

Judges of the Community Court of Justice, ECOWAS (ECOWAS Court) and the African Court on Human and Peoples' Rights (African Court) held the 2nd Judicial Dialogue between the two Courts in Arusha, United Republic of Tanzania, from 22 to 24 June 2023.

The Dialogue was attended by all the Judges of both Courts, and co-chaired by the President of the African Court, Hon. Lady Justice Imani D. Aboud and President of the ECOWAS Court, Hon. Justice Edward Amoako Asante.

The Dialogue was aimed at reinforcing the relationship between the two Courts in the protection of human and peoples' rights, and evaluating the implementation of the Memorandum of Understanding (MOU) signed by them on 1 March 2018.

During the Dialogue, the two Courts discussed a wide range of issues relating to their respective mandates. In this regard, a number of presentations were made by both Courts, followed by discussions on their respective jurisprudence in the field of human rights; their overlapping jurisdictions; their structures, appointment procedures and tenure; funding; access to the two Courts, admissibility of cases, challenges on compliance with their decisions and mechanisms put in place for the implementation of their decisions, among others.

The Legal staff of the two Courts held a working session to share experiences and exchange ideas on matters of common interests, in particular, case management, drafting of judgments, legal aid, enforcement of judgments as well as challenges faced, and measures taken to resolve the challenges identified.

The Legal Staff also undertook a review of the MOU between the two Courts which expired in March 2021, identified challenges that impeded the effective implementation of the MOU, recommended its renewal, and made proposals with a view to ensuring that the successor MOU is more effective and implementable.

The two Courts renewed the MOU for a further period of five years, effective from 24 June 2023. Under the new MOU, the two Courts have committed to strengthening their existing good relationship and to this end, have agreed on a number of initiatives aimed at improving the execution of their respective mandates.

The areas of cooperation identified include staff exchanges, representation, joint training, knowledge and information sharing, publication of respective jurisprudence, research and capacity building within the framework of the constituent instruments of the two Courts.

The two Courts also adopted a five -year Plan of Action for the effective implementation of the MOU.

The delegation from the ECOWAS Court, accompanied by some Judges of the African Court, visited the United Nations International Residual Mechanism for Criminal Tribunals ( IRMCT) and the East African Court of Justice also based in Arusha, United Republic of Tanzania.

The Closing Ceremony of the Dialogue was jointly presided over by the Presidents of the African Court and the ECOWAS Court.

DONE IN ARUSHA, UNITED REPUBLIC OF TANZANIA,

THIS 24TH DAY OF JUNE 2023

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