THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS AND THE AFRICAN COURT ON HUMAN AND PEOPLES’ RIGHTS
RECALLING that the African Commission on Human and Peoples’ Rights (the Commission) was established under Article 30 of the African Charter on Human and Peoples’ Rights (the Charter), to promote and protect human and peoples’ rights in Africa in accordance with Article 45 of the Charter;
CONSIDERING that the African Court on Human and Peoples’ Rights (the Court) was established under 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 Commission, in line with Article 2 of the Protocol;
RECOGNIZING that under Article 5(1)(a) of the Protocol, the Commission is entitled to submit cases to the Court;
MINDFUL OF Article 6(3) of the Protocol pursuant to which the Court may consider cases or transfer them to the Commission;
NOTING Article 8 of the Protocol which provides that the Rules of Procedure of the Court shall lay down the detailed conditions under which the Court shall consider cases brought before it, bearing in mind the complementarity between the Commission and the Court;
CONSCIOUS that the Protocol and the Rules of both institutions do not address all aspects of complementarity and that divergent interpretations regarding its implementation have been progressively reflected upon and mutually clarified over the years;
CONVINCED that the enhancement of the protection of human rights in Africa requires the continued reinforcement of the relationship between the Commission and the Court;
ADOPT the following guidelines to record the mutual agreements of the two institutions, and streamline the procedures concerning the submission and transfer of cases between the Commission and the Court, as applicable.
