I.
THE PARTIES
1.
The Applicants are Tike Mwambipile, a female national of the United
Republic of Tanzania and Equality Now, a Non-Governmental Organisation
(NGO) with Observer Status before the African Commission on Human and
Peoples’ Rights (hereinafter referred to as “the African Commission”). They
challenge the Respondent State’s policies that exclude pregnant and
parenting girls from public schools.
2.
The Application is filed against the United Republic of Tanzania (hereinafter
referred to as “the Respondent State”), which became a Party to the African
Charter on Human and Peoples’ Rights (hereinafter referred to as “the
Charter”) on 21 October 1986 and to the Protocol on 10 February 2006.
Furthermore, the Respondent State, on 29 March 2010, deposited the
Declaration provided for under Article 34(6) of the Protocol (hereinafter
referred to as “the Declaration”), by virtue of which it accepted the
jurisdiction of the Court to receive applications from individuals and NonGovernmental Organisations. On 21 November 2019, the Respondent
State deposited with the Chairperson of the African Union Commission an
instrument withdrawing its Declaration. The Court has held that this
withdrawal has no bearing on pending cases and new cases filed before the
withdrawal came into effect, that is, one (1) year after its deposit, which is
on 22 November 2020.1
II.
SUBJECT OF THE APPLICATION
A. Facts of the matter
3.
The Application concerns an alleged ban by the Respondent State of
pregnant girls from attending public primary and secondary schools and
preventing them from re-accessing the schools even after delivery. The
1
Andrew Ambrose Cheusi v. United Republic of Tanzania, ACtHPR, Application No. 004/2015,
Judgment of 26 June 2020 (merits and reparations), §§ 37-39.
2