African Union Tribunal: The yard barks, the presidents pass

Open since 12 November, the ordinary session of the African Court on Human and Peoples' Rights (Cadh) which is held in Tunis in Tunisia will be closed on Monday 7 December 2020. During these meetings, this jurisdiction of the African Union has issued several judgments which are binding on the States concerned, but who will be ignored by them.

Judicial decisions from the African Court of Human Rights are increasingly ignored by states that are signatories to the agreement establishing this jurisdiction. One of his last prescriptions, taken only a few days ago, be the 4 last december, concerns Benin. Cadh orders Beninese government to repeal new constitution adopted at the instigation of President Talon for "violating the principle of national consensus". In the process, she demanded the repeal of other reforms and the restoration of the right to strike, all this before any new election.

This decision is ignored by the Beninese authorities, just like the previous judgments of the same Court. One of the previous injunctions relates to the Sébastien Ajavon case against the State of Benin. The judicial arm of the African Union had demanded, the 23 last april, that the conviction of the latter to 20 years in prison be canceled. Few days ago, it had also ordered the suspension of the municipal elections scheduled for the 17 May 2020. All this without any effect.

President Talon's Benin is not the only country to resist Cadh. Alassane Ouattara from Ivory Coast and Alpha Condé from Guinea also refused to carry out the injunctions received in this year 2020. In the process, they deprived their citizens and NGOs of the right to appeal to the Court. Indeed, although being members, States signatory to the protocol establishing this institution must make a special declaration that, they accept "the jurisdiction of the African Court to allow citizens to directly appeal to the Court". After the withdrawal of several countries, today only Burkina Faso, the gambia, the Ghana, Malawi, Mali and Tunisia grant such a privilege to their citizens and civil society organizations.

Created to strengthen the African Charter on Human and Peoples' Rights, Cadh was born in 2004. "It is competent to rule on any dispute submitted to it, dealing with the interpretation and application of the Charter, of the Protocol and any other relevant human rights instrument ratified by the States concerned "

Since its creation, on the 55 States of the African Union, alone 30 have ratified the treaty establishing it, which shows that several heads of state remain suspicious of this course which, for sure, will often render decisions contrary to the wishes of the leaders. Eleven judges sit in this court, which is based in Arusha, Tanzania.

Pierre MATCHOUDO