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Mizan Law Review
Vol. 6 No.2, December 2012
Regulating the admissibility of cases decided by subregional courts would
alleviate problems such as duplication of efforts or the possibility of divergent
conclusions. The article addresses this issue in four sections. The first section
provides the background on subregional courts and briefly discusses their
establishment and human rights mandate. Section 2 provides an overview of
Article 56(7) of the African Charter on pending and settled matters in relation to
other international and regional human rights instruments. Section 3 discusses
the reasons why cases decided by subregional courts should not be admitted
before the African Commission or the African Court on Human and Peoples’
Rights (the African Court).
1. Human Rights Mandate of Subregional Courts
Most treaties establishing Regional Economic Communities (RECs) that were
adopted or revised after the adoption of the African Charter recognise the
promotion and protection of human rights as one of their principles.11 These
treaties have established judicial bodies that, to some extent, have been dealing
with human rights matters. The ECOWAS Community Court of Justice is the
pioneer in upholding human rights because it has clear human rights
jurisdiction. The East African Court of Justice and the SADC Tribunal have also
dealt with human rights matters.
1.1. ECOWAS Community Court of Justice
The Economic Community of West African States (ECOWAS) was established
in 1975 with the objective of economic integration.12 In July 1993, the member
states revised the Establishing Treaty.13 One reason for the revision seems to
have been the developments in the field of human rights in ECOWAS and the
Daniel Amare and Mulugeta Amare v Republic of Mozambique and Mozambique
Airlines, application No. 005/2011, Decision of 16 June 2011; National Convention
of Teachers Trade Union v The Republic of Gabon, Application No 012/2011,
decision 15 December 2011; Delta International Investments S.A., Mr and Mrs A.G.L.
De Lange v The Republic of South Africa, Application No 002/2012, decision 30
March 2012; Emmanuel Joseph Uko and Others v The Republic of South Africa,
Application No 004/2012; Amir Adam Timan v The Republic of Sudan, Application
No 005/2012, decision 30 March 2012; Baghdadi Ali Mahmoudi v. The Republic of
Tunisia, Application No 007/2012, decision 26 June 2012.
11 Supra note 6.
12 Solomon Ebobrah (2007), ‘A Rights-Protection Goldmine or A Waiting Volcanic
Eruption? Competence of, and Access to, the Human Rights Jurisdiction of the
ECOWAS Community Court of Justice’, African Human Rights Law Journal 309,
Vol. 7, p. 309.
13 Ibid, p. 310.