LCP4807
ASSIGNMENT 1 SEMESTER 1 2026
UNIQUE NO.
DUE DATE: 7 APRIL 2026
, International Human Rights Law - LCP4807
Critically Discussing the Potential for, and Limitations of Individuals and Non-
Governmental Organisations to Gain Direct Access to the African Court on
Human and Peoples’ Rights
1. Introduction
The establishment of the African Court on Human and Peoples’ Rights marked a
significant development in the African regional human rights protection system. Prior to
its creation, the enforcement of the African Charter on Human and Peoples’ Rights
relied primarily on the quasi-judicial mandate of the African Commission on Human
and Peoples’ Rights, which lacked binding judicial authority.¹ The African Court was
designed to strengthen the protection of human rights by issuing legally binding
judgments and providing victims with access to justice at the continental level.
However, while the Protocol to the African Charter introduces the possibility of direct
access by individuals and Non-Governmental Organisations (NGOs), such access
remains conditional and limited. This essay critically examines the potential for
individuals and NGOs to gain direct access to the African Court, while also
analysing the legal, procedural, and political limitations that restrict such access. It
argues that although the Court represents a progressive step towards victim-centred
justice, its effectiveness is significantly constrained by state consent requirements,
procedural barriers, and weak enforcement mechanisms.
2. Legal Framework Governing Access to the African Court
2.1 Establishment and Jurisdiction of the Court
The African Court was established under the Protocol to the African Charter on
Human and Peoples’ Rights on the Establishment of an African Court on Human
and Peoples’ Rights (1998).² Article 3 of the Protocol grants the Court jurisdiction over
ASSIGNMENT 1 SEMESTER 1 2026
UNIQUE NO.
DUE DATE: 7 APRIL 2026
, International Human Rights Law - LCP4807
Critically Discussing the Potential for, and Limitations of Individuals and Non-
Governmental Organisations to Gain Direct Access to the African Court on
Human and Peoples’ Rights
1. Introduction
The establishment of the African Court on Human and Peoples’ Rights marked a
significant development in the African regional human rights protection system. Prior to
its creation, the enforcement of the African Charter on Human and Peoples’ Rights
relied primarily on the quasi-judicial mandate of the African Commission on Human
and Peoples’ Rights, which lacked binding judicial authority.¹ The African Court was
designed to strengthen the protection of human rights by issuing legally binding
judgments and providing victims with access to justice at the continental level.
However, while the Protocol to the African Charter introduces the possibility of direct
access by individuals and Non-Governmental Organisations (NGOs), such access
remains conditional and limited. This essay critically examines the potential for
individuals and NGOs to gain direct access to the African Court, while also
analysing the legal, procedural, and political limitations that restrict such access. It
argues that although the Court represents a progressive step towards victim-centred
justice, its effectiveness is significantly constrained by state consent requirements,
procedural barriers, and weak enforcement mechanisms.
2. Legal Framework Governing Access to the African Court
2.1 Establishment and Jurisdiction of the Court
The African Court was established under the Protocol to the African Charter on
Human and Peoples’ Rights on the Establishment of an African Court on Human
and Peoples’ Rights (1998).² Article 3 of the Protocol grants the Court jurisdiction over
