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The African Court on Human and Peoples' Rights, also known simply as the African Court, [1] is an international court established by member states of the African Union (AU) to implement provisions of the African Charter on Human and Peoples' Rights (also known as the Banjul Charter).
The African Union (AU) is a supranational union consisting of fifty-three African states. [2] Established in 2001, the AU's purpose is to help secure Africa's democracy, human rights, and a sustainable economy, especially by bringing an end to intra-African conflict and creating an effective common market.
The main legal instruments of African Union law include the Constitutive Act of the African Union, [4] the African Charter on Human and Peoples' Rights, [5] the African Charter on the Rights and Welfare of the Child, the African Charter on Democracy, Elections and Governance [6] and the Treaty Establishing the African Economic Community. [7]
The African Commission on Human and Peoples' Rights (ACHPR) is a quasi-judicial body tasked with promoting and protecting human rights and collective (peoples') rights throughout the African continent as well as interpreting the African Charter on Human and Peoples' Rights (also known as the Banjul Charter or the African Charter) and considering individual complaints of violations of the Charter.
The African Charter is a human rights document made up of 68 articles carved up into four sections—Human and Peoples' Rights; Duties; Procedure of the Commission; and Applicable Principles. It merges the three clusters of rights, namely, civil and political rights, economic, social, and cultural rights, and group and peoples' rights.
The African Court on Human and Peoples' Rights was established in 2006 to supplement the work of the commission, following the entry into force of a protocol to the African Charter providing for its creation. It is planned that the African Court on Human and Peoples' Rights will be merged with the Court of Justice of the African Union (see above).
Accordingly, the Eighth Ordinary Session of the Executive Council of the African Union meeting in Khartoum, Sudan, on 22 January 2006, elected the first judges of the African Court on Human and Peoples' Rights. The relationship between the newly created Court and the commission is yet to be determined.
Aims at merging the African Court on Human and Peoples' Rights and the Court of Justice of the African Union. It specifically establishes the Court and defines its organization, jurisdiction and procedures. Protocol Relating to the Establishment of the Peace and Security Council of the African Union [25]