Charter system which voluntarily confer contentious jurisdiction to the
Commission.
2.2
Contentious jurisdiction of the African Commissi\)n under the
Maputo Protocol
a.
Explicit jurisdiction
51. From the foregoing, the Commission must now examine how the Protocol
establishes jurisdiction for the processing of Complaints. The pertinent Articles
of this Protocol indicate the following:
Article 27. Interpretation
The African Court on Humanand Peoples' Rights shall be seized with
matters of interpretation ansmg from the application and
implementation of this Protocol
Article 32. Transitional Provision
Pending the establishment of the African :c ourt on Human and Peoples'
Rights, the African Commission on Human and Peoples' Rights shall be
seized with matters of interpretation arising from the application and
implementation of this Protocol.
52. As such, the African Court and Commission are charged with interpreting and
applying the Protocol. Generally, the ordinary meaning of the term
'interpretation' refers to the 'action of explaining the meaning of something' 15 .
Treaty interpretation specifically, relates to the process of clarifying the
m~aning of a legal text and has also been interpreted by the former Permanent
Court of International Justice (PCIJ) as relating to the 'construction' of the
'scope' and'bearing' of a specific provision and its terms16 • As such, the above
provisions grant the African Court and Commission the authority to interpret
(" clarify'1 , "give meaning to") the provisions of the Maputo Protocol.
53. The Commission considers also that the above articles authorize the exercise of
this interpretiye mandate during consideration of Communications. The
Articles enjoin the seizure of "matters of interpretation arising from the
application and implementation of the Protocol". These "matters" necessarily
include Communications as can be deduced from the shared functions of the
Court and Commission in this respect as well, the wording of similar
provisions in other international human rights instruments. For instance, the
American Convention on the contentious jurisdiction of the Inter-American
Court provides that it "shall comprise all cases concerning the interpretation
and application of the .. . Convention that are submitted to it ... " 17 whilELl.h_e
.-:-·---.
European Convention provides that "the jurisdiction of the Court sµjI!J,;e-xt~hff~---,
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Tunis and Morocco Nationality Decrees (Advisory Opinion) PCIJ Rep Series B No 4 (1923), 2" ~ \
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Article 32 European Convention.
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