Uganda and Kenya in tight race for African Court seat

Judge Duncan Gaswaga of Uganda and Judge Samuel Mbithi Kimeu of Kenya have entered into a tight race vying for the Eastern Africa zone seat on the African Court on Human and People's Rights, which has ignited the battle for regional influence between the two nations.

The seat is currently held by Judge Ben Kioko of Kenya, who is completing his second term.

According to African Union modalities, three judges will end their terms at the African Court in July, including Judge Kioko, who must be replaced by a male judge from East Africa. Judge Blaise Tchikaya of the Republic of Congo and Judge Stella Isibhakhomen Anukam of Nigeria are eligible for re-election for another six-year term.

While Judge Tchikaya from Congo is likely to be re-elected unopposed, the race to replace Judge Kioko has intensified between Judges Gaswaga and Kimeu.

The two seasoned judges have thrown their hats into the ring, and the African Union's Executive Council will elect one candidate from the zone to join others from the West and Central Africa zones.

The election is set to take place during the African Union's Executive Council meeting, and the outcome will determine who will represent the Eastern Africa zone on the African Court."

An analysis of the process to fill the three vacancies by the Communication for Development and Advocacy (CDA Consult), [email protected], which is a development communication advocacy non-governmental organization based in Tema, Ghana, has revealed.

CDA Consult analysis indicates that while the East and West Africa zones boil with intense competition, Judge Blaise Tchikaya from Congo, representing the Central Africa zone, has not competed.

Meanwhile, in the West Africa zone, Senegal has put in a bid to challenge the candidature of Nigeria, who is ending her first term of six years and eligible for re-election for the remaining single slot to represent the West African Zone on the African Court. The West African Zone already has a judge from Ghana on the African Court.

Judge Marie Odile Thiakane Ndiaye from Senegal and Judge Stella Isibhakhomen Anukam from Nigeria are vying for the position.

According to CDA Consult analysis and monitoring of the events, the election has sparked intense campaigns from governments and civil society groups in Uganda, Kenya, Senegal, and Nigeria, who are lobbying African Union Executive Council Members for votes to secure the slot.

In a related development, the African Human Rights Mechanisms: Nomination and Selection Initiative, also known as ‘the Arusha Initiative,’ has called for strict scrutiny of the profiles of the candidates to ensure that qualified candidates among the lot get elected to serve on the African Court.

In a statement jointly signed in Arusha, Tanzania, by Ms. Sophia Ebby and Mr. Ikechukwu Uzoma, co-chairs of the Arusha Initiative, and made available to the Communication for Development and Advocacy (CDA Consult), [email protected], which is a development communication advocacy non-governmental organization based in Tema, Ghana,.

The aim of the campaign is to assist the State Party-led nomination process by identifying experts who meet the criteria for serving at the African Court. Given the current geographical composition of the African Court, nominations are open from the East Africa, West Africa, and Central Africa regions.

Each mechanism comprises eleven members nominated by African States and elected by the Executive Council of the African Union. The Arusha Initiative explained and called on members to share profiles of qualified experts.

The African Human Rights System consists of three mechanisms: the African Commission on Human and Peoples’ Rights, the African Court on Human and Peoples’ Rights, and the African Committee of Experts on the Rights and Welfare of the Child.

Qualified candidates for this position must be individuals of high moral character with recognized expertise in human and people's rights.

Such candidates must have practical, judicial, or academic competence in human rights and be independent of political, diplomatic, or administrative functions in their countries.

The Arusha Initiative: The African Human Rights Mechanisms Nomination and Selection Initiative (the Arusha Initiative) is aimed at promoting human rights by supporting state parties in the nomination and selection of members of human rights mechanisms in Africa.

The African Court is a continental court established by African states to ensure the protection of human and peoples rights in Africa. It complements the functions of the African Commission on Human and Peoples’ Rights.

The Court was established pursuant to 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, (the Protocol) which was adopted by the Member States of the then Organization of African Unity (OAU) in Ouagadougou, Burkina Faso, in June 1998. The Protocol entered into force on 25 January 2004.

To date, 34 Member States have ratified the Protocol establishing the Court. Out of these, currently, only 8 States have filed a Declaration under Article 34 (6 ) of the Protocol by which they accept the competence of the Court to consider applications filed by individuals and NGOs.