Madagascar ratifies treaty establishing the African Court

Tema, March 28, GNA – The Republic of Madagascar has become the latest country to ratify the treaty on the Establishment of an African Court on Human and Peoples’ Rights.

This brings to 33 the number of state parties to the agreement.

Lady Justice Imani Daud Aboud, President of the Court, has applauded Madagascar for doing that.

She said, “this is an excellent development and we exhort Madagascar to also make the Special Declaration under Article 34(6) to allow individuals and NGOs to access the Court directly”.

She reminded countries, which were yet to give formal consent to the treaty and to make the special declaration to do so.

Eight States have accepted the competence of the African Court and made the Declarations in accordance with Article 34(6) to allow individuals and NGOs to directly file cases to the African Court.

They are Ghana, Burkina Faso, Gambia, Guinea Bissau, Malawi, Mali, Niger and Tunisia.

In the absence of the Declaration, applications must have to be submitted to the Banjul Commission first, which would after preliminary examination decide to refer cases to the African Court.

Lady Justice Aboud said the Continental Court was there to protect human and peoples’ rights in Africa.

The African Court applies the provisions of the African Charter on Human and Peoples’ Rights and other human rights instruments ratified by the States concerned and does not have criminal jurisdiction like the International Criminal Court.

She underlined the unwavering determination of the Court to continue uphold the core values of judicial independence – devoid of any partisanship, bias, or influence.

GNA