This court therefore, in accordance with article 4g of the revised ecowas treaty which recognises the promotion and. The details for the operation of the court were established by the 1991 protocol on the community court of justice signed by the ecowas high contracting parties. A critical analysis of the human rights mandate of the ecowas community court of justice solomon t. Issues arising from the decision of the high court of accra in mr. On the 17th of january 2018, the applicant herein file with this court a fourteen counts initiating application pursuant to article 10 of the supplementary protocol asp0105 amending the protocol ap1791 relating to the community court of justice, and article 33 of the rules of the community court of justice.
Economic community of west african states wikipedia. A new international human rights court for west africa. Ecowas community court of justice, list of decided cases from 2004 till date. There is therefore no precedent in ecowas law where the verdict of a supreme court of a member nation has ever been overturned or set aside by the ecowas court. That was why it was considered imperative to examine some of the selected case laws adjudicated by the ecowas court of justice. Critical issues in the human rights mandate of the ecowas court of justice solomon t ebobrah abstract a new opportunity for international human rights litigation in west africa was presented in 2005 when the economic community of west african states adopted a protocol to empower its judicial organ, the ecowas community court of justice. This section argues that the dual mandate of the eccj as a court of integration and human rights, with the latter in a more facilitative character, is a fundamental reason why the conclusive determination by the eccj that individual defendants cannot be sued before the. Ecowas court and horizontal application of human rights 31 justice eccj4 has ruled that only economic community of west african states ecowas member states and community institutions can be sued before it. The vice president of the ecowas community court of justice, micah wilkins wright, has clarified that the court was not established to hear only wealthy peoples cases, but everybodys. Ecowas community court of justice on the basis of articles 9. Ecowas community court of justice ecowas mission in cote divoire ecowas ceasefire monitoring group ecowas fund for agriculture and food ecowas agricultural policy ecowas early warning and response network economic community of west african states ecowas environmental policy ecowas conflict prevention framework european development fund. More significantly was the analysis undertaken in respect of the rules of procedure and evidence in the ecowas court of justice and the access to justice for the citizens of the ecowas member states. In october, 1999, ecowas decided to establish a court of justice following a twoday meeting of ministers of justice in abuja.
Senegal also argued that the applicant failed to establish any violation of fundamental rights, and that the matter is inadmissible as the ecowas court cannot operate as an appellate court to the courts of member states. The limits of the ecowas court of justice september 3, 2015 publisher and chief executive officer kabs kanu editorial, uncategorized 0 the ecowas court of justice was not set up to overturn verdicts of the supreme courts of member nations, nor to dictate to heads of state of member nations how to govern their countries. Any lawyer representing a victim of human rights violations needs to be authorised to practice before a court of a member state of ecowas. The economic community of west african states ecowas was created by the treaty of lagos in lagos, nigeria, on may, 28, 1975.
The economic community of west african states ecowas. Citizens of ecowas member states can file complaints against human rights violations of stateactors at the regional court of justice. Forty five cases from 10 member states have been scheduled for the first quarter of 2016 by the community court of justice, ecowas between february and april 2016, according to the records provided by the registry department of the court. The ministers of justice of ecowas have examined and endorsed the draft supplementary act on the enhancement of powers of the ecowas community parliament. Ebobrah research partnership 12008 this research paper has been produced as a part of the research partnership programme at the danish institute for human rights, with financial assistance provided by.
The court also clarified that it accepted the doctrine of continuing human rights violations. Ecowas community court of justice open society justice initiative. Seven judges sit on the court, each serving a fiveyear term. The government rejected that decision in april 2009, with the attorney general and justice. Since acquiring jurisdiction over human rights complaints in 2005, the ecowas court has issued numerous decisions condemning human rights violations by the member states of the economic. The brief aims to provide the ecowas court of justice with information on international legal and human rights standards and jurisprudence relating. In 2008, the ecowas court ordered the gambian government to release and compensate chief ebrimah manneh, who was arrested in 2007 by state security agents and has been missing since then.
Community court of justice economic community of west. Ecowas community court of justice, list of decided cases from. It was created pursuant to the provisions of articles 6 and 15 of the revised treaty of the economic community of west african states ecowas. Revisedtreaty economic community of west african states. It had its roots in earlier attempts at a west african economic community in the 1960s and was spearheaded by yakuba gowon of. These principles are enshrined in the treaty of the community, which is also the fundamental document bringing the members together. Ecowas court welcome to the community court of justice website. Mcallister the community court of justice of the economic community of west african states eccj or the court is an increasingly active and bold international adjudicator of human rights. Ebobrah research partnership 12008 this research paper has been produced as a part of the research partnership programme at the danish institute for human rights, with financial assistance provided by danida. Declare that the republic of niger violated article 9 of the international covenant on civil and political rights iccpr and article 6 of the african. Analysis of the role of the ecowas court in regional.
The ecowas court of justice was not set up to overturn verdicts of the supreme courts of member nations, nor to dictate to heads of state of member nations how to govern their countries. For the east african court of justice eacj and the sadc tribunal, the shift to human rights occurred via expansive interpretations of the integration treaties principles and objectives clauses. Third, when the ecowas courts early rulings generated opposition from some governments, the member. Jurisdiction ccj jurisdiction is set out in article 9 of the 1991 protocol which states that the court shall ensure the observance. To meet the above aim, the community set for itself a number of objectives one of which is the establishment of an enabling legal environment which informed the establishment under article 15 of the court of justice. Court of justice of the economic community of west african states ecowas holden at abuja nigeria on 24 may 2018 general list. Mcallister 108 american journal of international law oct. The economic community of west african states, also known as ecowas, is a regional political and economic union of fifteen countries located in west africa. Considering that the aims and objectives of the community are to achieve the integration of its members. The 1975 ecowas treaty included a mandate for a community court of justice ccj to adjudicate disputes related to the interpretation and operation of the treaty, as revised in 1993. Jurisdiction ccj jurisdiction is set out in article 9 of the 1991 protocol which states that the court shall ensure the. Sinceacquir ingjurisdictionoverhumanrightscomplaintsin2005,the ecowas courthasissuednumer. The community court of justice of the economic community of west african states ecowas court is an increasingly active and bold adjudicator of human rights.
Is the ecowas court of justice a toothless bulldog that only. The court is a permanent institution and has a president, chief registrar and seven judges. Th e 2005 reform initiated by the economic community of west african states ecowas had the double eff ect of putting an end to ten years of judicial lethargy and positioning its community court of justice eccj as a promising international human rights body. As mentioned above, the ecowas community court of justice has a comparably extensive human rights jurisdiction as the court. The community court of justice is a proper court, and according to article 12 of the protocol establishing the court of justice, representation by an agent or lawyer is required. Is the ecowas court of justice a toothless bulldog that. Any citizen of any of the member states of ecowas has the right to bring their case to this court. Ecowas bank for investment and development ebid west african health organisation waho the intergovernmental action group against money laundering and terrorism financing in. This borders on the applicability of community law by community institutions like the ecowas court of justice. In uwechue and serap, the eccj held that, in the event of a dispute between individuals on an alleged violation of. The ecowas court of justice is an organ of the economic community of west african states. The unique jurisdiction of the african court on human and. Ecowas ministers of justice endorse supplementary act on. Human rights decisions of the community court of justice of west.
Ecowas revised treaty revised treaty of the economic community of west african states ecowas preamble we, the heads of state and. Its organisational framework, functioning mechanism, powers, and procedure applicable before it are set out in protocol ap1791 of 6 july 1991. The ecowas court of justice citizens of ecowas member states can file complaints against human rights violations of stateactors at the regional court of justice. Collectively, these countries comprise an area of 5,114,162 km 2 1,974,589 sq mi, and in 2015 had an estimated population of over 349 million. Institutions economic community of west african states. By application received at the registry of the court on 5 april 2017, hama amadou filed a case before the community court of justice, ecowas asking the court to. The ecowas court of justice has suspended until further notice, its judicial activities for the next few weeks as part of measures to prevent and contain the spread of the corona virus, covid19, according to a statement today signed by the president of the court, justice edward amoako asante. It is trite that facts can be proved by presenting documents. Raddho r e n c o n t r e a f r i c a in e p o u r l a d ef ns e d e s d r o t s d e l h o m m e a selection of 20 cases of human rights.
Mcallister the community court of justice of the economic community of west african states. The primary aim of ecowas is to promote cooperation and integration, leading to the establishment of an economic union in west africa in order to raise the living standards of its peoples, and to maintain and enhance economic stability, foster. In the light of increasing discontent with arbitration as a method of investorstate dispute settlement isds, alongside proposals for the establishment of court systems for the settlement of such disputes, this article suggests that such a mechanism might already be available for west african states in the form of the court of justice of the economic community of west african. Human rights decisions of the community court of justice of. The court addresses complaints from member states and institutions of ecowas, as well as issues relating to defaulting nation.
That is an important regional institution that we must all cherish and support. A case can be brought by anyone under the jurisdiction of a member state of the economic community of west african states ecowas. Critical issues in the human rights mandate of the ecowas. Court were established by the 1991 protocol on the community court of justice signed by the ecowas high contracting parties. Ecowas court welcome to the community court of justice. In 2017, the ecowas court was the first regional adjudicatory body to issue a ruling on the basis of the protocol. The court will address complaints from member states and institutions of ecowas, as well as issues relating to defaulting nations. In a judgment handed down by the community court of justice of the economic community of west african states ecowas court on 27 october 2008, the state of niger was found in violation of its international obligations to protect hadijatou mani from slavery. The economic community of west african states ecowas was created in. Originally conceived as the tribunal of the community in the 1975 ecowas treaty, the ecowas community court of justice eccj came into existence through a 1991. The limits of the ecowas court of justice cocorioko. Ecowas community court of justice a conscientious objector. Is the ecowas court of justice a toothless bulldog that only barks. Excellencies, peace, development, the rule of law and justice are all interlinked.
The role of ecowas in managing political crisis and conflict. Remarks at the 55th ordinary session of the authority of. Additionally, article 92 of the 1991 protocol on the community court of justice grants this court competence to deal with any matter on the interpretation or application of the provisions of the revised ecowas treaty. Ecowas court to hear 45 cases in the first quarter of 2016. An appraisal of the role of ecowas court of justice in the. Enforcing ecowas law in west african national courts. Today, the ecowas community court of justice clarified a longoutstanding point of contention. In that regard, the court points out that by extending its jurisdiction to cover. There is hereby established a court of justice of the community. Ecowas court of justice for everybody liberian observer. The community court of justice was created pursuant to the provisions of articles 6 and 15 of the revised treaty of the economic community of west african states ecowas.
Ecowas member states have decided to give the court, which exists formally since 1991 and was in practice only set up in 2001, a specific mandate in that respect. The ecowas court of justice is an organ of the economic community of west african states ecowas, a regional integration community of 15 member states in western africa. On 27 and 28 of march, the west african bar association waba in collaboration with the sierra leone bar association slba and the open society initiative for west africa osiwa organized a twoday workshop on the law and practice of the ecowas community court of justice. Investorstate dispute settlement using the ecowas court of. However, according to article 12 of the protocol establishing the court of justice, representation by an agent or lawyer is required. The ecowas community court of justice and the horizontal.
Pursuant to the rules of procedure of the community court of justice and the decisions of this court, the plaintiff sets out below a concise presentation of the facts of the case, including references to documents,1 and a summary of the pleas in law on which the application is based. It was created pursuant to the provisions of articles 6 and 15 of the revised treaty of the economic community of west african states ecowa. The ecowas community court of justice eccj is an increasingly active and bold international adjudicator of human rights violations in west africa. Since acquiring jurisdiction over human rights issues in 2005, the eccj has issued several pathbreaking judgments, including against the gambia for the torture of journalists, against niger for condoning modern forms of slavery, and against.
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