Interview: Sheila Keetharuth and the African Court on Human and Peoples’ Rights
Sheila Keetharuth (at the center in the photo) is the Chairperson of the Coalition for an Effective African Court, a loose coalition of national and international NGOs, national human rights bodies and individuals that was founded in 2003 to promote the establishment of the African Court on Human and Peoples’ Rights. The Coalition was one of the key organizers of the Roundtable on Regional Human Rights Systems taking place in Arusha, Tanzania. GNJI blogger Alyson Zureick sat down with Ms. Keetharuth to discuss the conference and the Coalition’s next steps.
Q: What, in your mind, have been some of the successes of the Roundtable?
A: The key successes have been the level of dialogue and the calibre of participants who have been engaged with the issues at this conference. The sessions also allowed us to identify issues that we need to explore further, such as the relationship between the African Court on Human and Peoples’ Rights and the regional economic community courts [such as the ECOWAS Court of Justice and the SADC Tribunal]. We also have much to learn from the Inter-American system and the substance of what has been done there. In all, it was a major success to have participants from the Inter-American system, justices of the African Court, representatives of the International Criminal Tribunal for Rwanda (ICTR), and civil society members from across the continent at the conference and engaging with the issues facing the Court.
Q: What are the Coalition’s next steps as the Court finalizes its rules of procedure and prepares to begin accepting matters?
A: The Coalition was organized to push for the establishment of the Court first of all by lobbying states to ratify the Protocol [to the African Charter on Human and Peoples’ Rights that created the Court.]* That objective has been achieved. The Coalition is now establishing a base in Arusha, where the Court is based, to serve as a clearinghouse to assist civil society in accessing the Court. Communication and travel is difficult across the African continent, so the Coalition will serve as an interface between civil society members and the Court by accessing and relaying documents, information, etc. When the Court begins accepting matters, the Coalition will also offer a small office space for its members to access in Arusha. In the long term we want to pursue capacity building activities for members, organize advocacy campaigns and assist those approaching the Court to access pro bono support.
Q: Is the Coalition still engaged in lobbying states to ratify the Protocol, which establishes the Court’s jurisdiction over the ratifying state parties?
A: We are continuing to push for ratification. However, the AU is considering a draft of a new protocol that will merge the African Court on Human and Peoples’ Rights with the proposed African Court of Justice. When the new protocol comes into effect the Court will become the African Court of Justice and Human Rights. Once there is a new protocol, the Coalition will have to formulate a new advocacy message and again lobby states to ratify it.
Q: What value can be derived from partnerships between practitioners and civil society members accessing the African and Inter-American human rights systems?
A: There are many similarities between the African and American contexts, both in terms of the continents’ physical and cultural diversity and their histories of political repression and human rights abuses. There is much we can learn from each other. For example, earlier at this conference one justice of the African Court stated that the role of the Court would end once a decision was delivered and implementation would be left to the AU Council of Ministers, a political body. In the Inter-American system, however, files are kept open and the Court conducts follow-up to determine whether the decision has been implemented and reparations made. This may be something we want to advocate for in the African system.
Q: What are some of the challenges facing the Coalition at this point in the Court’s development?
A: The discussion on the merged Court is presenting many challenges. We do not yet know what the merged Court will look like so it is difficult to formulate a clear and specific advocacy message. We always have to watch the changing political context. For now, though, we need to focus on advocating for the Court to begin functioning soon.
*Note: 15 states were required to ratify the Protocol for it to enter into force. The protocol was adopted by the AU in 1998 and entered into force in 2004.
Photo: Alyson Zureick
