This article discusses how the Commission faces challenges in its promotion and protective mandates in the United Republic of Tanzania following the Tanzania`s withdrawal from the African court. The commission as the human rights instrument within the African Continent has been suffering numerous challenges in fulfilling its promotion and protective mandates as enshrined within the African charter under Article 45.
Since the ACHPR’s establishment in 2004, individuals and NGOs have brought the highest number of cases against the Tanzanian government, resulting in the Court delivering the most judgments against Tanzania as well. In general, individuals can only file cases with the Court if their country has signed an optional declaration agreeing to accept the Court’s jurisdiction. Only nine countries in Africa have done so–one of which was Tanzania.
The then Tanzania Minister of Foreign Affairs and East African Cooperation, Prof Palamagamba Kabudi, signed the notice of withdrawal of the declaration made under Article 34(6) of the African Court Protocol on 14 November 2019. This notification was sent to the African Union on 21 November.
Tanzania`s decision to withdraw its Article 34(6) declaration comes barely a month after Amnesty International released a report detailing a spike in repression in the country under president John Magufuli.
The withdrawal has affected the Commission in its protective mandate as Tanzanian Individuals and NGOs cannot access the African Court Through the Commission basing on the fact that Tanzania does not recognize the competence of the African Court. Hence the victims continue suffering without obtaining their remedies. Also, the commission cannot refer any massive violations of human rights occurred in Tanzania to the African Court as provided by Article 5(1) of the court protocol.
