VP Clarifies Tanzania’s African Court Withdrawal
decision by Tanzania to withdraw from the Declaration, allowing individuals and Non-Government Organizations (NGOs) to file cases directly to the African Court for Human and Peoples’ Rights (AfCHPR), was not made out of political considerations or expediency.
This was revealed in Dar es Salaam on Thursday by the Vice-President, Dr Philip Mpango, when opening the 15th African Judicial Dialogue that has brought together several Chief Justices, Presidents of Supreme and Constitutional Courts from across the continent, among others.
“Tanzania’s decision to withdraw from the Declaration made under Article 34 (6) of the Protocol establishing the African Court was arrived at after thorough consultation and considerations within the entire government system, respecting the sovereignty of the United Republic of Tanzania,” he said.
Dr Mpango used the occasion to correct the wrong impression that Tanzania has withdrawn from the African Court.
“That is not true at all,” he told the participants of the Judicial Dialogue.
He explained that Tanzania has withdrawn from the Declaration made under Article 34 (6) of the Protocol on African Charter for the establishment of the Court, which permits individuals and Non-Government Organizations (NGOs) to have direct access to the African Court.
The VP stressed that Tanzania remains a party to the protocol and is allied to the mandate and spirit of the court and the access to the court remains as stipulated under Article 5 (1) of the protocol for the establishment of an African Court on Human and Peoples’ Rights.
Dr Mpango pointed out also that he was aware that some other African Union member states have withdrawn from the Declaration and believed such countries have their own reasons for doing so.
“In this regard, I wish to suggest that in order for the court to regain the confidence of member states, it should strive to create an African Human Right Jurisprudence applicable to all Africa. The court should also set realistic standards in consideration of the capacity of the African State,” he said.
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