Liberia commits to ratifying the protocol to the African Charter

The Government of the Republic of Liberia has committed to both the ratification of the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights (the Protocol) and the depositing of the Declaration that allows direct access to the Court by non-governmental organizations (NGOs) and individuals.

The commitment was made by Liberia’s Vice President Jeremiah Kpan Koung during an engagement with a delegation from the African Court on Human and Peoples’ Rights visit to his office at the Capital Hill in Monrovia.

In a statement made available to the Communication for Development and Advocacy Consult (CDA Consult) in Tema-Ghana, the African Court President, Lady Justice Imani Daud Aboud, and Vice President Justice Modibo Sacko led the delegation as part of a sensitization visit to Liberia to raise awareness on the work of the African Continental Court and to engage Liberian authorities and various stakeholders in the human rights sector to take a decisive role in the ratification of the Protocol.

Liberian Vice President Koung pledged that the government would take actionable steps towards ratification of the Protocol, acknowledging that the regime of President Joseph Nyuma Boakai, Sr., values human rights and is committed to promoting the rule of law and human rights.

“The Republic of Liberia supports human rights, and while it has been many years since it signed the Protocol, steps will now be taken to ratify the Protocol,” he said.

He also pointed out that Liberia remains committed to fulfilling the objectives of the African Union.

Liberia signed the Protocol on June 9, 1998; however, it has not yet ratified the Protocol and therefore has not deposited the Declaration to recognize the competence of the Court.

The commitment to ratify the Protocol and deposit the Declaration was also made separately by key Liberian authorities, including Senate Pro-Tempore Senator Nyonblee Karnga-Lawrence, House of Representatives Speaker Cllr. J. Fonati Koffa, Deputy Minister for Legal Affairs at the Ministry of Foreign Affairs Jeddi Mowbray Armah, and Chairman of the Independent National Commission on Human Rights Cllr. Dempster Brown.

The various Liberian authorities pledged to put in motion the necessary mechanisms to facilitate the ratification of the Protocol and the deposit of the Declaration.

Other key stakeholders, such as the Louis Arthur Grimes School of Law at the University of Monrovia and the National Bar Association of Liberia, committed to not only advocating for Liberia’s ratification of the Protocol but also collaborating with the African Court in sensitizing the Liberian populace about its work.

In all the engagement meetings, Justice Aboud reiterated that Liberia has shown profound leadership in fostering peace and promoting democratic values in post-conflict recovery and, therefore, stands as an example of the infinite development possibilities on the African continent.

“By ratifying the Protocol, Liberia will not only reaffirm its dedication to the rule of law and human rights but will also join the ranks of nations committed to providing their citizens with direct access to justice at the continental level,” she said.

Ratification of the Court’s Protocol would also allow Liberia to nominate judges that will sit on the bench of the African Court, thereby allowing it to shape and contribute to the institutional set-up of the African Court and strengthening its capacity to deal with human rights issues brought before it.

The sensitization visit also encouraged the Republic of Liberia to seize the Court with requests for advisory opinions in its capacity as a Member of the African Union.

The visit culminated in a sensitization seminar, which drew together over 100 stakeholders from government, civil society, academia, and members of the media, providing them with an opportunity to learn more about the work of the Court and how they can get involved in its work.

The African Court was established by virtue of Article 1 of the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights to complement the protective mandate of the African Commission on Human and Peoples’ Rights, to enhance the protection of human rights on the continent.

Since the adoption of the Protocol in June 1998, 34 of the 55 Member States of the African Union have ratified it, and only eight State Parties to the Protocol have made the Declaration under Article 34(6).

The eight states are Burkina Faso, The Gambia, Ghana, Guinea-Bissau, Mali, Malawi, Niger, and Tunisia.

The success of the African Court as a human rights protection mechanism requires much wider ratification of the Protocol by Member States, as well as their acceptance of the competence of the Court by making the Declaration under Article 34(6).

This “universal” ratification will give the African Court the legitimacy it needs to effectively discharge its mandate.