sexual health and human rights in the african region - The ICHRP

West African region on account of growing transnational criminal networks. The
Declaration, inter alia, aligns itself with the United Nations Convention against
Transnational Organised Crime 67 and the United Nations Protocol to Prevent,
Suppress and Punish Trafficking in Persons, Especially Women and Children 68
and urges member states that have yet to become signatories or to ratify these
instruments to do so.
A cardinal feature that distinguishes the West African Community from most
other sub-regional organizations as to render it relevant to the development of
human rights jurisprudence is that it has a court that has made rulings that have
addressed human rights, albeit, in a very small number of case. 69 The founding
treaty of the West African Community establishes a Court of Justice of the
Community whose decisions are binding on members states. 70 Though in terms
of sexual health-related jurisprudence the Court of Justice of the West African
67 Preamble to the Declaration on the Fights against Trafficking in Persons; United Nations Convention
against Transnational Organised Crime (2000).
68 Preamble to the Declaration on the Fights against Trafficking in Persons; United Nations Protocol to
Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (2000).
69 Olajide Afolabi v Nigeria Suit No ECW/CCJ/APP/01/03 (April 2004). This was the first case to be heard
by the ECOWAS Community Court. The Court held that it had no jurisdiction to hear the case as at the
time the ECOWAS Treaty did not expressly give locus standi to individuals and appeared to limit it to
states. In 2005, through the adoption of a protocol – Supplementary Protocol A/SP.1/01/05 (2005) - the
ECOWAS Treaty was amended to allow individuals direct access; Ugokwe v Nigeria
ECW/CC/APP/02/05 (2005). The Court observed that the inclusion and recognition of the African
Charter in article 4 of the ECOWAS Treaty has the effect of incorporating into the ECOWAS Treaty the
human rights guaranteed under the African Charter; Manneh v Gambia ECW/CCJ/JUD/03/08 (June 5,
2008). The Court held that the detention of a journalist by Gambian authorities constituted serious
violations of human rights; Hadijatou Mani Koraou v Republic of Niger ECW/CCJ/JUD/06/08, (October 28,
2008). This case is discussed in this section.
70 Article 15 of ECOWAS Treaty. This is not to suggest that ECOWAS is the only sub-regional
organization with a judicial treaty body, but rather it is to highlight that though other treaty bodies have
courts, the courts have yet to adjudicate on cases that raise human rights issues. The creation of a judicial
treaty body is also shared with the following sub-regional organizations: East African Community (EAC):
The EAC was established in 1967 between Kenya, Tanzania and Uganda. It was originally founded in
1967, but collapsed in 1977. The EAC was officially revived on 7 July 2000. Members are Burundi, Kenya,
Rwanda, Tanzania and Uganda. The East African Court of Justice is the judicial arm of the Community.
The court has original jurisdiction over the interpretation and application of the 1999 Treaty that reestablished
the EAC and in the future may have other original, appellate, human rights or other
jurisdiction upon conclusion of a protocol to realise such extended jurisdiction. It is temporarily based in
Arusha, Tanzania; Common Market for Eastern and Southern Africa (COMESA); COMESA has a court
that has the jurisdiction to hear disputes arising from the ‘interpretation and application of the Treaty:
Article 19 of COMESA Treaty; The Southern African Development Community (SADC) has not so much
a court, but a tribunal which functions like a court. The SADC Tribunal is discussed in this section.
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