Africa: Only the best need apply for Africa court, says Amnesty

AMNESTY INTERNATIONAL PRESS RELEASE
AI Index: IOR 10/001/2004 (Public)
17 February 2004

The effectiveness and efficiency of the African Court on Human and
Peoples' Rights will depend on the appointment of highly qualified judges
with a strong commitment to human rights, Amnesty International said today
in a document outlining a checklist of criteria to ensure the appointment
of the best qualified candidates for judges.

"The judges will be the most visible representatives of the Court. It is
essential for the credibility and effective operation of the Court that
judges of the highest calibre, with a fair representation of men and women
from the main regions and legal systems of Africa, are elected," Amnesty
International urged.

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) entered into force on January 25, 2004 after receiving the
required fifteen ratifications.

Article 13 of the Protocol requires the Chairperson of the African Union
(AU) Commission, upon entry into force of the Protocol, to request each
state party to present, within ninety days (about the end of April 2004),
its nominees for the office of judge of the Court.

The Assembly of Heads of State and Government of the African Union, at its
forthcoming Third Ordinary Session in Addis Ababa, Ethiopia, in July 2004,
is expected to take decisions on such matters as the location of the
Court, its budget, and elect eleven judges to the Court.

Amnesty International has consistently called for the procedure for
nominating judges to be as open as possible and to involve the broadest
possible consultation, including with the highest courts, law faculties,
bar associations and relevant non-governmental organizations.

"A transparent process with the broadest possible consultation with civil
society will ensure that the best criteria are devised, that an effective
method is devised to attract the best possible candidates, including
women, and that the criteria are applied effectively," the organization
said.

"The African Court can only contribute meaningfully to the promotion and
protection of human rights in Africa if the nomination and election of
judges comply fully with the requirements stipulated under the Protocol
and the Court receives full political support from the AU member states,"
Amnesty International added.

Background

The procedures for nominating candidates and electing judges to the
African Court are spelled out in Articles 11 to 14 of the Protocol.
Article 11 provides that the African Court shall consist of eleven judges
who are nationals of member states of the AU, and elected in an individual
capacity "from among jurists of high moral character and of recognized
practical, judicial or academic competence and experience in the field of
human and peoples' rights".Article 12 requires state parties to the
Protocol to each nominate up to three candidates, at least two of whom
shall be nationals of that state. It also requires each state party to
give due consideration to adequate gender representation in the nomination
process. Article 13 requires the Chairperson of the Commission of the AU
to, upon entry into force of the Protocol, request each state party to
present, within ninety days, its nominees for the office of judge of the
Court. Article 14 provides among others that judges of the Court shall be
elected by secret ballot.

States that have ratified the Protocol are: Algeria; Burkina-Faso;
Burundi; Comoros; Cte d'Ivoire; Gambia; Lesotho; Libya; Mali; Mauritius;
Rwanda; Senegal; South Africa; Togo; and Uganda. Only Burkina-Faso has
made a declaration allowing individuals and non-governmental organizations
direct access to the Court.

For several years Amnesty International has campaigned for ratification of
the Protocol and believes its entry into force is a significant
development in the protection of human rights in the continent. Amnesty
International will continue to push for a regional wide ratification of
the Protocol and for the establishment of a fully effective and efficient
Court.

Since the success of the African Court will to a large extent depend upon
the operational efficiency of the African Commission on Human and Peoples'
Rights, Amnesty International will continue to seek for the strengthening
of the Commission as well.

For a copy of the document outlining a checklist of criteria for the
nomination of judges to the African Court, see:
http://web.amnesty.org/library/Index/ENGIOR630012004