REGIONAL AND UN HUMAN RIGHTS MECHANISM—OPPORTUNITIES FOR INTERRACTION WITH HUMAN RIGHTS - PowerPoint Presentation

1. REGIONAL AND UN HUMAN RIGHTS MECHANISM—OPPORTUNITIES FOR INTERRACTION WITH HUMAN RIGHTS DEFENDERS, CIVIL SOCIETY ORGANISATIONS, NHRIs AND WOMEN LED ORGANISATIONSPresented by Mrs. Franca Ofor

2.  ECOWAS was founded by the Treaty of 26 May 1975 entered into by 15 West African States. The overall objective of ECOWAS is to promote co-operation and integration in order to create an economic and monetary union aimed at the economic growth and development of the sub- region.The Community Court of Justice was created under Article 15 of the Revised Treaty and is the sole judicial organ of the Community and as a regional Court applies rules of international law in the interpretation and application of the provision of the Revised Treaty. The seat of the court is in Abuja.The Court is a Court of first instance with final jurisdiction as provided under article 76(2) of the Revised Treaty and Article 19(2) of the 1991 protocol of the court.    Introduction

3. The mandate of the court includes:The interpretation and application of the Treaty of ECOWASThe legality of regulations, directives, decisions, and other subsidiary legal instruments adopted by ECOWAS The failure by Member States to honour their obligations under the Treaty, Conventions, and Protocols, Regulations, Directives or Decisions of ECOWAS The Community and its officialsAction for damages against a Community Institution or official of the Community for any action or omission in the exercise of official functionsDetermination of violation of human rights that occur in any Member State Arbitral jurisdiction pending the establishment of an arbitration tribunal of the community

4. The Court functions as the Judicial organ of the community, the Administrative tribunal of the institutions, the Arbitration tribunal and Human rights court of the sub-region.The court is unique in that individuals have direct access to it on human rights abuse cases without the precondition for exhaustion of local remedies or the requirements for state parties assent.Nature of the Court

5. Applicable lawsECOWAS has no Human Rights Bill but has adopted the African charter on human and peoples rights under Article 4g of the Revised Treaty The court also applies international human rights instruments to which member states are party especially the Universal Declaration of Human Rights and two basic United Nations human rights instruments covering economic social and cultural rights and civil and political rights.

6. Some decisionsThe court has delivered quite a number of progressive decisions on various aspects of human rights. In SERAP & 10 Ors v The Federal Republic of Nigeria & 4 ors the court held “By failing to prevent the violation of the plaintiffs’ rights to peaceful assembly or to carry out a thorough investigation on the violation of that right, in order to hold accountable those responsible for the unlawful disruption of that peaceful demonstration that took place in Bundu Community on 12 October, 2009, and to provide remedy for the victims of the arbitrariness of the security agents acting under public authority control, the Federal Republic of Nigeria has breached its international obligation arising from the African Charter. In Hadijatou Mani Karaou v The Republic of Niger (2004-2009) CCJELR p 240, the Court found Niger liable for not raising a charge against an act prohibited as public policy and failing to adopt appropriate measures to stamp out such acts. That though Niger Government did not actively participate in the act, their inaction, tolerance and passiveness makes them responsible for the abuse.In Oguche V Ghana where a student died under suspicious circumstances during a school swimming outing, the court found the defendant in breach of its obligation to carry out effective investigation to assertain the cause of death and identify and prosecute those responsible

7. Access to NGO’sThe Court has in a plethora of cases allowed NGO’s access to it to prosecute cases on behalf of victims of Human Rights Violation. In SERAP Vs President FRN & UBEC (2010) CCJELR p.199 the court held the view that taking into account the need to reinforce the access to justice for the protection of human rights, an NGO duly constituted can file action on behalf of victims of abuse and all they need to show is that there is a public right worthy of protectionAlso in SERAP v Federal Republic of Nigeria, Ruling No. ECW/CCJ/RUL/08/09 in response to the defendants challenge to the standing of the Applicant NGO to bring the action held that in order to promote human rights and limit the impediments against such a promotion in cases of public interest litigation, the Plaintiff need not show that he has suffered any personal injury or has a special interest that needs to be protected to have standing in order to satisfy the aspirations of the citizens of the sub-region in their quest for a pervasive human rights regime. 

8. Access to NGO’s (contd) Article 12 of the 1991 Protocol of the court provides. “Each party to a dispute shall be represented before the Court by one or more agents nominated by the party concerned for this purpose. The agent may, where necessary, request the assistance of one or more Advocates or Counsels who are recognized by the laws and regulations of the Member States as being empowered to appear in Court in their area of jurisdiction”.The court has given the notion of agents its widest meaning so as to allow NGOs to represent parties before it as was done in Hadijatou Mani Koraou v Republic of Niger, where the court allowed Inter Rights counsels to represent the Applicant.The court has despite absence of a specific provision in its legal instrument, allowed civil society organisations and NGOs to submit Amicus Curiae briefs in matters before it in order to do substantial justice to the case and enrich its jurisprudence.In LINDA GOMEZ V REP OF GAMBIA (2014 unreported) the court accepted a brief filed by Amnesty International being a widely recognized and independent World wide body that seeks to promote and protect Human Rights. See also SERAP V. FEDERAL REPUBLIC OF NIGERIA supra.

9. ActivitiesIn its bid to create a forum for interaction and exchange of ideas among jurists of the sub region, the court, initiated the formation of the West African Jurists Association. After several meetings and consultations, the inaugural conference of the association was held in Cote d’Ivoire in April 2016.To create visibility, reduce litigation cost and bring the court nearer to the people of the sub region, the court holds external court sessions in member states. The most resent was held in Abidjan from the 18th to 21st April, 2016The court is also exploring possibilities of and modalities for establishing legal aid for the indigent and marginalized victims to enable them prosecute their cases before the court.

10. Activities (contd)To create a Forum for exchange of information, the court organizes seminars, conferences and trainings in member states for the bar associations, law faculties and civil society organizations on human rights, the mandate and the jurisprudence of the court. The court also organizes trainings and interactive sessions for judges of member states in a bid to ensure harmony in the human rights adjudicationThe court organizes sensitization programs to universities especially the law faculties aimed at creating awareness of human rights generally and the possibilities for protection afforded by the court.

11. There is need to create a joint human rights training programs for the human rights systems and the civil society organizations as this will help strengthen their capacities and also establish a good networking link between them.It is necessary to explore possibilities of establishing a standing link for exchange of judgments and journals among the various systems and civil society.

12. Thank You!