RECALLING
their commitment
to take
all
necessary
measures
COGNIZANT
of the Protocol to the African Charter on Human
to
strengthen
their
common institutions and to endow them with the necessary powers and resources to
carry out their missions effectively;
and Peoples’
Rights on
the Rights of Women in Africa, and the commitments contained in the Solemn
Declaration on the gender equality in Africa (Assembly/AU/Decl.12 (Ill) adopted by the
Assembly of the Union respectively at its Second and Third ordinary sessions held in
July 2003 and 2004, in Maputo, Mozambique and in Addis Ababa, Ethiopia);
Convinced that that the present Protocol shall supplement the mandate and efforts of
other continental treaty bodies as well as national institutions in protecting human rights:
HAVE AGREED AS FOLLOWS:
CHAPTER |
MERGER OF THE AFRICAN COURT ON HUMAN AND PEOPLES’ RIGHTS
AND THE COURT OF JUSTICE OF THE AFRICAN UNION
Article 1
Replacement of the 1998 and 2003 Protocols
The Protocol to the African Charter on Human and Peoples’ Rights on the Establishment
of an
African
Court
on
Human
Ouagadougou, Burkina Faso and
Protocol of the Court of Justice
Maputo, Mozambique, are hereby
as its integral part hereto, subject
and
Peoples’
Rights,
adopted
on
10
June
1998
in
which entered into force on 25 January 2004, and the
of the African Union, adopted on 11 July 2003 in
replaced by the present Protocol and Statute annexed
to the provisions of Article 5, 7 and 9 of this Protocol.
Article 2
Establishment of a single Court
The African Court on Human and Peoples’ Rights established by the Protocol to the
African Charter on Human and Peoples’ Rights on the Establishment of an African Court
on Human and Peoples’ Rights and the Court of Justice of the African Union established
by the Constitutive Act of the African Union, are hereby merged into a single Court and
established as “The African Court of Justice and Human Rights”.
Article 3
Reference to the single Court in the Constitutive Act
References made to the “Court of Justice” in the Constitutive Act of the African Union
shall be read as references to the “African Court of Justice and Human Rights”
established under Article 2 of this Protocol.