The Court We Cannot Access: Why Most Africans Cant Use The African Court and Why That Matters.

On the 5th of February 2025, the African Court on Human and Peoples’ Rights delivered a landmark judgment on the rights of persons with albinism in Tanzania. For decades, people with albinism in Tanzania have endured widespread discrimination, persecution, and humiliation. Despite this, the government has consistently failed in its duty to protect and promote human rights—particularly those of marginalized groups—as enshrined in the African Charter.

In its ruling, the Court issued time-bound reparation orders that the Tanzanian government must implement within a two-year timeframe. This judgment is timely and significant—it sends a clear message to other African States about the need to challenge and eliminate harmful cultural norms that fuel human rights violations.

But what really is the significance of this decision? More importantly, what exactly is the African Court on Human and Peoples’ Rights? What is its mandate—and who can actually file a case before it?

Truth be told, I had never heard of this Court myself—and I’m a lawyer. I’m quite certain I’m not alone. If some lawyers like myself are unaware of it, what about ordinary citizens or even members of civil society groups with no formal legal training? It’s likely that many people have no idea this Court exists, let alone understand its significance.

The African Court on Human and Peoples’ Rights is a continental court established by African Union member states to promote and protect human and peoples’ rights across the continent. It hears cases brought against African states that have signed and ratified the African Charter on Human and Peoples’ Rights—provided those cases involve human rights violations defined under the Charter.

Here’s the key part: when a state ratifies the Charter, it takes on binding legal obligations. That means a government can be held accountable if it fails to take steps to uphold the rights enshrined in the Charter.

But—there’s a catch.

Not every state that has ratified the Charter can automatically be held accountable before the African Court. There’s an additional step that determines whether individuals or NGOs can bring a case against a state. And this is where things get even more interesting. To date, only 34 states have ratified the Protocol to the African Charter which establishes the African Court on Human and Peoples Rights and it gets even more interesting, out of the 34 states, only 8 have made a declaration under article 34(6) recognizing the competence of the court to receive cases directly from NGOs and individuals.

Being Kenyan, I know you are probably wondering whether Kenya is one of the countries that has ratified the protocol that establishes the court. The answer is yes but…drumroll while Kenya has indeed ratified the protocol, it is yet to make the crucial declaration under art 34(6).

Sad! I know, right? Especially considering the current state of human rights in Kenya—it’s a total mess. If it’s not extrajudicial killings, it’s abductions, enforced disappearances, police brutality... the list goes on. And yet, Kenya cannot be held accountable before the African Court on Human and Peoples’ Rights.

It almost feels like these laws exist just for show—decorative legal frameworks that have no bearing. I mean, what’s the point of signing protocols if we don’t actually want to be bound by them?

Working in the human trafficking and modern slavery space has been a real eye-opener for me. I’ve often found myself asking: how can we plausibly get justice for the women who migrate to the Gulf for work, only to have their rights violated in the most horrific ways?

And just like you—reading this article—my heart sank when I discovered that we, as civil society, cannot approach the African Court on Human and Peoples’ Rights (ACHPR) on behalf of our survivors.

That realization was heart wrenching. It got me thinking… there’s so much that needs to be done. As a continent, we seriously need to rethink our choices. We have a collective duty not only to ourselves but to each other and to the most vulnerable among us.

Oh, and I almost forgot to mention this: even when the Court delivers a judgment, enforcement is left entirely to the goodwill of the countries involved. So, let’s wait and see if Tanzania actually abides by the Court’s orders and implements its recommendations.

And get this, Tanzania withdrew its declaration recognizing the competence of the Court. That means no other matters can be brought against Tanzania by civil society organizations or individuals. I don’t know about you, but wow… isn’t that ironic? Especially considering that both the African Court on Human and Peoples’ Rights and the African Commission on Human and Peoples’ Rights seat in Arusha, Tanzania.

Anyway… let’s end it here for today. I know it’s been a tad bit much, and I don’t want to overburden you.

So, dear reader, until we meet next time.

But please, not all hope is lost. We still have a fighting chance. In my next article, I’ll Walk you through how civil society and individuals can engage with the African Commission on Human and Peoples’ Rights, a quasi-judicial body that, yes, still offers a window for justice. One step at a time.

Ubi jus ibi remedium – where there is a right, there is a remedy!