Der Afrikanische Gerichtshof für die Rechte der Menschen und der Völker Vom schwierigen Aufbau einer neuen Institution

Africa is one out of three continents characterized by a regional human rights system. While the other two, Europe and the Americas, have established regional Courts to safeguard compliance with their continental human rights systems long ago, Africa only recently followed suit. The establishment of the African Court on Human and Peoples' Rights (AfCHPR) was greeted with great enthusiasm by human rights activists and the interested public. Yet, shortly after its establishment the African Union decided to merge the AfCHPR with the African Court of Justice – a Court which at this time merely exists on paper. This decision has significant repercussions on the AfCHPR and curbed the initial enthusiasm that its creation had sparked. Before taking a closer look at the structure and competences of the AfCHPR the contribution outlines the developments that led to its establishment. Thereafter the merger and the problems arising in this context will be addressed. The prospects of an effective human rights protection through the merged Court will be addressed in the end.