Proceedings Before the African Court on Human and Peoples’ Rights
Me Frédéric NANADJINGUE is an attorney before the African Court on Human and Peoples’ Rights. The firm supports applicants in preparing and following their proceedings before this court.
The African Court on Human and Peoples’ Rights, which sits in Arusha (Tanzania), was established by a Protocol to the African Charter adopted in Ouagadougou in 1998. It rules on violations of the Charter and of other human rights instruments ratified by the state concerned; its judgments are binding.
Access to the Court follows strict rules. Individuals and NGOs may bring a case directly only against a state that has made the declaration provided for in Article 34(6) of the Protocol. According to the Court’s 2024 activity report, Chad ratified the Protocol in 2016 but was not among the states that had deposited this declaration: a complaint against Chad therefore goes through the African Commission on Human and Peoples’ Rights, which may itself refer the matter to the Court. The firm directs each applicant to the route actually open in their situation.
Issues We Handle
- Admissibility requirements for an application before the African Court
- Preparation and drafting of applications
- Following the procedure through to the decision
- Coordination with prior domestic remedies
Clients We Serve
- Individuals
- Civil society organisations
- Victims of fundamental rights violations
How We Work
Admissibility review
Checking the Court’s jurisdiction, exhaustion of domestic remedies, the time limit for filing and the other conditions set by Article 56 of the Charter.
Drafting the application
Statement of facts, alleged violations and evidence; claims for reparation; requests for provisional measures in cases of extreme gravity and urgency.
Conduct of the proceedings
Exchange of pleadings, response to the respondent state’s objections, hearings, submissions on reparations.
Communications before the African Commission
Referral to the Commission, in Banjul, where direct access to the Court is not available, and follow-up of the implementation of decisions.
Our Approach
Direct command of the African Court’s procedural rules, gained through active practice before this court.
Legal Framework
- African Charter on Human and Peoples’ Rights (1981)
- Ouagadougou Protocol establishing the African Court (1998), in particular Articles 5 and 34(6)
- Rules of Court of the African Court
- Article 56 of the Charter: admissibility conditions
- Rules of Procedure of the African Commission on Human and Peoples’ Rights
Frequently Asked Questions
Standing depends on the applicant’s status and the State concerned; the firm assesses the admissibility of each situation before initiating proceedings.
Not in principle. An application is admissible only after domestic remedies have been exhausted, unless they are unavailable, ineffective or unduly prolonged. It must then be filed within a reasonable time.
Yes. In cases of extreme gravity or urgency, and to avoid irreparable harm, the Court may order provisional measures before ruling on the merits.
The Court has a legal aid scheme for indigent applicants, which can cover representation by counsel on its list. Me Frédéric NANADJINGUE has been on the Court’s list of counsel since 2022.
This information is general in nature and does not constitute legal advice. Every situation calls for specific analysis: please contact the firm before making any decision.
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