PROTOCOL TO THE AFRICAN CHARTER ON HUMAN AND PEOPLES` RIGHTS ON THE ESTABLISHMENT OF AN AFRICAN COURT ON HUMAN AND PEOPLES` RIGHTS The Member States of the Organization of African Unity hereinafter referred to as the OAU, States Parties to the African Charter on Human and Peoples` Rights. Considering that the Charter of the Organization of African Unity recognizes that freedom, equality, justice, peace and dignity are essential objectives for the achievement of the legitimate aspirations of the African Peoples; Noting that the African Charter on Human and Peoples` Rights reaffirms adherence to the principles of Human and Peoples` Rights, freedoms and duties contained in the declarations, conventions and other instruments adopted by the Organization of African Unity, and other international organizations; Recognizing that the twofold objective of the African Commission on Human and Peoples` Rights is to ensure on the one hand promotion and on the other protection of Human and Peoples` Rights, freedom and duties; Recognizing further the efforts of the African Charter on Human and Peoples` Rights in the promotion and protection of Human and Peoples` Rights since its inception in 1987; Recalling resolution AHGéRes.230 (XXX) adopted by the Assembly of Heads of State and Government in June 1994 in Tunis, Tunisia, requesting the Secretary-General to convene a Government experts` meeting to ponder, in conjunction with the African Commission, over the means to enhance the efficiency of the African commission and to consider in particular the establishment of an African Court on Human and Peoples` Rights; Noting the first and second Government legal experts` meeting held respectively in Cape Town, South Africa (September, 1995) and Nouakchott, Mauritania (April 1997), and the third Government Legal Experts meeting held in Addis Ababa, Ethiopia (December, 1997), which was enlarged to include Diplomats; Firmly convinced that the attainment of the objectives of the African Charter on Human and Peoples` Rights requires the establishment of an African Court on Human and Peoples` Rights to complement and reinforce the functions of the African Commission on Human and Peoples` Rights. HAVE AGREED AS FOLLOWS: Article 1 ESTABLISHMENT OF THE COURT There shall be established within the Organization of African Unity an African Court Human and Peoples` Rights hereinafter referred to as “the Court”, the organization, jurisdiction and functioning of which shall be governed by the present Protocol. Article 2 RELATIONSHIP BETWEEN THE COURT AND THE COMMISSION The Court shall, bearing in mind the provisions of this Protocol, complement the protective mandate of the African Commission on Human and Peoples` Rights hereinafter referred to as “the Commission”, conferred upon it by the African Charter on Human and Peoples` Rights, hereinafter referred to as “the Charter”. Article 3 JURISDICTION 1. The jurisdiction of the Court shall extend to all cases and disputes submitted to it concerning the interpretation and application of the Charter, this Protocol and any other relevant Human Rights instrument ratified by the States concerned. 2. In the event of a dispute as to whether the Court has jurisdiction, the Court shall decide. Article 4 ADVISORY OPINIONS 1. At the request of a Member State of the OAU, the OAU, any of its organs, or any African organization recognized by the OAU, the Court may provide an opinion on any legal matter relating to the Charter or any other relevant human rights instruments, provided that the subject matter of the opinion is not related to a matter being examined by the Commission.