African Court on Human and Peoples’ Rights

Seat: Arusha, Tanzania | Operating Since: 2006 | Instrument: African Charter on Human and Peoples’ Rights

(last updated August 5, 2026)

Introduction

The African Court on Human and Peoples Rights (AfCHPR) is the African Union‘s (AU) continental human rights tribunal. It was established to complement and reinforce the protective mandate of the African Commission on Human and Peoples’ Rights (ACHPR, or African Commission) by issuing binding judgments and advisory opinions on the interpretation and application of the African Charter on Human and Peoples’ Rights (also frequently known as the “Banjul Charter”), the Protocol to the African Charter on Human And Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights (Court Protocol or AfCHPR Protocol), and other relevant human rights instruments ratified by the States concerned.

The Protocol establishing the AfCHPR was adopted on June 10, 1998 and entered into force on January 25, 2004. The Court’s first judges were elected in 2006, and the Court issued its first judgment in December 2009 in Yogogombaye v. Senegal. Since then, the Court has developed an important and growing body of jurisprudence on fair trial rights, political participation, freedom of expression, Indigenous Peoples’ rights, reparations, provisional measures, and State compliance with regional human rights obligations.

The AfCHPR may hear contentious cases submitted by the African Commission, States parties to the Court Protocol, and African intergovernmental organizations. The Court may also issue advisory opinions at the request of AU member states, AU organs or any African organization recognized by the AU, provided the request does not relate to a matter already pending before the African Commission.

As of June 2026, 34 States have ratified the Protocol establishing the AfCHPR: Algeria, Benin, Burkina Faso, Burundi, Cameroon, Chad, Comoros, Congo, Côte d’Ivoire, Democratic Republic of Congo, Gabon, The Gambia, Ghana, Guinea-Bissau, Kenya, Lesotho, Libya, Madagascar, Malawi, Mali, Mauritania, Mauritius, Mozambique, Niger, Nigeria, Rwanda, Sahrawi Arab Democratic Republic, Senegal, South Africa, Tanzania, Togo, Tunisia, Uganda, and Zambia. See AfCHPR, Basic Information.

Jurisdiction over Individual Complaints

The Court also has jurisdiction to hear cases brought by individuals and non-governmental organizations with observer status before the African Commission, but only when the relevant State has accepted this jurisdiction by making a declaration under Article 34(6) of the Court Protocol. As of June 2026, seven States have such Article 34(6) declarations deposited: Burkina Faso, The Gambia, Ghana, Guinea-Bissau, Malawi, Mali, and Niger.

Several States that previously accepted direct individual and NGO access have withdrawn their Article 34(6) declarations, including Rwanda, Tanzania, Côte d’Ivoire, Benin, and Tunisia [IJRC: Rwanda; IJRC: Tanzania; IJRC: Benin and Côte d’Ivoire; EJIL Talk: Tunisia] The AfCHPR has held that such withdrawals are permissible but will not take effect until one year after the State has given notice that it intends to withdraw. See AfCHPR, Ingabire Victoire Umuhoza v. Rwanda, App. No. 003/2014, Ruling on Jurisdiction of 3 June 2016, paras. 67-68.

For States that have ratified the Protocol but have not made an Article 34(6) declaration, individuals and NGOs cannot file cases directly with the Court. In those situations, access to the Court generally depends on referral by the African Commission, by an African intergovernmental organization, or by a State party. A diagram illustrating the eligibility criteria for filing a case directly before the AfCHPR is available on the Court’s website.

Composition

The AfCHPR is composed of 11 judges elected by the AU Assembly from among jurists of high moral character and recognized practical, judicial, or academic competence and experience in human rights law. Judges serve in their personal capacity and do not represent their States.

Judges are elected for six-year terms and may be re-elected once. The judges themselves elect who among them will serve as President and Vice-President of the Court for a two-year terms with a possibility of being re-elected once. The Court Protocol and the Rules of Court set out the Court’s functions, procedures, and requirements for the composition of the bench, including attention to equitable geographic representation and gender representation.

To read more about the judges and their election process, see our AfCHPR Composition & Election guide. Information on the current judges of the court is available on the AfCHPR website.

African Court of Justice and Human Rights

The African Union has adopted instruments that would eventually merge the African Court on Human and Peoples’ Rights with the Court of Justice of the African Union to create the African Court of Justice and Human Rights. The 2008 Protocol on the Statute of the African Court of Justice and Human Rights would establish a merged court with general affairs and human rights jurisdiction. The 2014 Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights, often referred to as the Malabo Protocol, would further expand the future court’s jurisdiction to include international and transnational crimes.

Neither the 2008 Protocol nor the 2014 Malabo Protocol has entered into force. Until the required ratifications are obtained and the merged court becomes operational, the African Court on Human and Peoples’ Rights continues to function as the African Union’s continental human rights court.