20 Years of Justice: Why Africa Must Fully Embrace Its Human Rights Court Now

Arusha, Tanzania, MMN Correspondent: Twenty years ago, a bold idea took shape in the heart of East Africa. The African Court on Human and Peoples’ Rights opened its doors in Arusha, Tanzania, with a mission to protect the rights of every person across the continent. Today, as it celebrates this milestone, the Court stands at a crossroads. It has delivered over 250 judgments, shaped legal standards, and given hope to victims of injustice. Yet, its full potential remains untapped. Why? Because only 34 of 55 African Union member states have fully committed to it, and just a handful allow ordinary people to walk through its doors directly.

Amnesty International’s new report, ‘20 Years of the African Court – Protect the Court, Protect the People,’ arrives on World Day for International Justice. It highlights a simple truth: the Court works when we let it. Japhet Biegon, Amnesty’s Deputy Regional Director for East and Southern Africa, puts it plainly. The Court is a lifeline where national systems fail. It steps in for victims of torture, unfair detention, election fraud, environmental harm, and discrimination. It stands up for those who have nowhere else to turn.

Consider what the Court has already achieved. In 2014, it ruled against Burkina Faso, strengthening media freedom and holding the state accountable for attacks on journalists. This matters more than ever as digital repression grows. In 2017, the Court affirmed land rights for an indigenous community in Kenya, setting a powerful precedent for ancestral claims across Africa. Then, in 2023, a landmark decision against Côte d’Ivoire tackled environmental degradation. The Court ruled that toxic waste dumping violated the right to a clean environment, expanding human rights to include the planet we live on. And just this year, in 2025, the Court condemned systemic violence against persons with albinism in Tanzania, demanding urgent protective measures. These are not abstract rulings. They change lives.

But here is the challenge. Twenty-one AU member states have not even ratified the Court’s protocol. That means millions of people have no access to this regional justice mechanism. Even among the 34 that have signed on, only a dozen made the optional declaration allowing individuals and NGOs to bring cases directly. And five of those Benin, Côte d’Ivoire, Rwanda, Tanzania, and Tunisia have since withdrawn that access. The result? A geographical imbalance. Cases from Central, North, and Southern Africa are rare. The Court’s work mostly reflects West and East African experiences, which weakens its claim as a truly continental institution.

Other actors could help bridge this gap. AU member states, intergovernmental bodies, and the African Commission on Human and Peoples’ Rights all have the power to refer cases. Yet, in two decades, the Commission has referred only three cases. That is a missed opportunity for synergy. The Commission monitors human rights across Africa. If it worked more closely with the Court, the entire system would become stronger and more effective.

Implementation of rulings is another area where progress is possible. Court judgments are legally binding, but compliance varies. Some states delay compensation, policy reforms, or investigations. The AU’s Executive Council oversees implementation, but it has room to take more initiative. When states follow through, trust grows. When they don’t, the Court’s deterrent power fades.

The reasons for these gaps are not mysterious. Political resistance, weak rule-of-law traditions, and limited public awareness all play a part. The Court also operates on a modest budget, relying heavily on voluntary contributions. This affects its independence and capacity. But these are challenges that can be addressed with collective will.

Looking ahead, the path is clear. All AU member states can ratify the protocol without delay. Those that have withdrawn access can restore it. States can commit to implementing judgments, supported by robust monitoring from the AU. And stronger collaboration between the Commission and the Court can amplify impact. These steps are not just legal formalities. They are investments in a future where justice is accessible to every African.

As the continent navigates democratic transitions, climate adaptation, and technological change, the African Court remains a vital pillar. Its journey over the past 20 years shows what is possible. With sustained political will, civic engagement, and resources, it can become the beacon of justice that so many are counting on. The time has come for Africa to stand behind its own court not just in words, but in action.