The Second Pan-African Network of Independent Media Councils Summit (NIMCA), held in the scenic city of Arusha, brought together influential voices from across Africa to chart a transformative course for journalism and media regulation on the continent. 

The summit, guided by the theme “Advancing Media and Communication Regulations for Journalism Excellence in Africa,” created a vibrant space for collaboration, reflection, and renewed commitment to press freedom, professionalism, and policy reform.

Addressing participants at the summit, UN Resident Coordinator in Tanzania, Susan Ngongi Namondo, delivered a thoughtful message on the importance of modernizing Africa’s media landscape in response to digital disruption. 

She noted that the rapid growth of digital platforms and mobile technology has empowered communities to share their own stories and engage in public dialogue, but it has also introduced new challenges such as misinformation, online harassment, and threats to press sustainability.

“This summit is taking place at a defining moment for journalism and communication in Africa,” she said. 

“Modernizing our media laws is critical if we are to foster trust, openness, and professionalism in the information age.”

Namondo applauded Tanzania’s efforts to revise key laws, including amendments to the Cyber Crimes Act and the Media Services Act, as steps toward building a more enabling media environment. 

She also highlighted the importance of integrating media and digital literacy into national education systems to prepare citizens to critically engage with information in an increasingly complex digital world.

Vice President of the United Republic of Tanzania, Dr. Philip Mpango, who officiated the opening of the summit on behalf of President Samia Suluhu Hassan, emphasized the media’s responsibility in shaping inclusive societies, promoting economic development, and amplifying Africa’s authentic narratives. 

In a strongly-worded address, he encouraged African journalists to reclaim the continent’s story from decades of misrepresentation.

“For too long, Africa’s story has been told through external lenses, often defined by conflict and fragility,” said Dr. Mpango. “It is time to tell stories of our strength, resilience, innovation, and cultural pride — through our own voice and perspective.”

He underscored the need for African media to adopt a values-based approach to new technologies, including Artificial Intelligence. While AI presents immense opportunities in news production and dissemination, it also poses serious ethical questions and potential for manipulation. He called for forward-looking regulatory frameworks that protect public interest and uphold journalistic ethics in the face of evolving technology.

In addition, Dr. Mpango challenged media houses across the continent to make access to information truly inclusive. He stressed the importance of tailoring content to reach marginalized populations — including women, youth, persons with disabilities, and rural communities — through thoughtful programming, accessible language, and equitable distribution.

The Vice President further reminded participants of the critical role of media councils in maintaining professional standards and protecting the integrity of journalism. 

He called on these bodies to handle public complaints with fairness and transparency, while also investing in the capacity building of journalists to withstand and counteract the rising tide of disinformation.

Throughout the summit, discussions touched on the diversity of media council models across Africa, their operational structures, and the legal environments that support or inhibit their effectiveness. Ministers and media leaders from several African nations shared insights on policy harmonization, investment in local content, and innovations that can strengthen accountability and sustainability in the media sector.

The gathering also served as a moment of reflection and gratitude. The Media Council of Tanzania posthumously honored former President Ali Hassan Mwinyi for his unwavering support of freedom of expression, a legacy that laid the foundation for the council's establishment. Vice President Mpango extended heartfelt congratulations to President Hussein Ali Mwinyi and the entire Mwinyi family for the recognition, reaffirming the enduring importance of leadership in protecting press freedoms.

As the summit concluded, a powerful sense of unity and purpose emerged among participants. The message was clear: building a professional, ethical, and inclusive media ecosystem in Africa is both a responsibility and a shared opportunity. 

By embracing innovation, reforming outdated laws, and placing the public interest at the heart of journalism, Africa’s media sector can truly become a catalyst for sustainable development and democratic resilience.

“Together, we can imagine and build an Africa where journalism thrives — where it informs, includes, and inspires,” said Susan Ngongi Namondo in her closing message. “And that Africa is within our reach.”

In a groundbreaking move, five African organizations have formally petitioned the African Court on Human and Peoples’ Rights to issue an Advisory Opinion clarifying how African states are legally obligated to protect human rights amid the growing climate crisis.

The request, submitted by the Pan African Lawyers Union (PALU) in partnership with the African Climate Platform (ACP), the Environmental Lawyers Collective for Africa (ELCA), Natural Justice, and the youth network Resilient, seeks authoritative guidance on states’ duties under the African Charter on Human and Peoples’ Rights and other regional instruments.

“We are asking the Court to clarify the legal duties of African governments to protect their people from the worsening effects of climate change,” said Donald Deya, CEO of PALU. 

“This includes interpreting how rights to life, health, development, and a satisfactory environment apply in the face of climate threats.”

The petition calls for an interpretation of Articles 4, 16, 22, and 24 of the Charter, and whether these rights impose legal obligations on states to take preventive measures, regulate polluting industries, and adopt inclusive and accountable climate policies. 

It also addresses the need to protect groups most affected by climate impacts, including women, children, Indigenous peoples, older persons, and persons with disabilities.

“We want the Court to interpret how the African Charter and related instruments safeguard the rights of women, children, people with disabilities, older persons, and indigenous communities from the climate crisis,” said Dzimbabwe Chimbga of the African Climate Platform.

“The issue of climate change is not just environmental—it’s a moral and human rights imperative. The right to a clean, healthy, and sustainable environment is the foundation for the realization of all other rights.”

The request is grounded in a strong legal framework, referencing not only the African Charter but also the Maputo Protocol, the Kampala Convention, the Charter on the Rights and Welfare of the Child, and international agreements such as the Paris Agreement, the UN Framework Convention on Climate Change (UNFCCC), and the Convention on Biological Diversity.

The organizations have also encouraged the Court to consider the African Commission’s Resolutions on climate change and human rights, as well as Agenda 2063, which envisions “The Africa We Want”—a just, prosperous, and sustainable continent.

In a video statement issued by the ACP and partners from the steps of the African Court in Arusha, the coalition emphasized the urgency of the request.

 “This is not just a legal filing—it is a collective call from African communities, youth, civil society, and legal advocates who are demanding justice,” the statement declared.

“The African Court stands as a beacon of hope—a guardian of justice and a critical force for climate accountability.”

The petition highlights Africa’s disproportionate vulnerability to climate change despite contributing less than 4% of global greenhouse gas emissions. From droughts to floods and rising sea levels, the continent faces severe and growing climate-related challenges.

Nomasango Masiye-Moyo, Lead Coordinator of ELCA, underscored the request’s importance to environmental defenders and legal practitioners:

“This opinion will be vital not only for vulnerable groups—women, children, people with disabilities—but also for African lawyers already fighting for environmental protection in national courts,” she said.

“A strong opinion from the African Court will strengthen existing legal arguments and provide a powerful tool for climate litigation across the continent. This is an African solution to a global crisis—and a testament to our continent’s legal strength and vision.”

The Registrar of the Court, Dr. Robert Eno, confirmed that the request has been received and “will be processed in accordance with the Rules of the Court.”

If accepted, this will be the first time the African Court delivers a legal interpretation on the intersection of climate change and human rights obligations—setting a transformative precedent for Africa and beyond.

 “We are not asking for permission,” the petitioners concluded. 

“We are asserting our right to dignity, protection, and a sustainable future.”

“May this moment be remembered as the day Africa turned to its own Court—not as victims, but as leaders crafting justice for generations to come.”

 

Four African organizations have submitted a request to the African Court on Human and Peoples’ Rights, urging it to provide an advisory opinion on how the continent’s states are legally obligated to protect human rights in the face of escalating climate change impacts.

The request was filed by the Pan African Lawyers Union (PALU), in partnership with the African Climate Platform (ACP), Environmental Law Centre for Africa (ELCA), and Natural Justice, alongside the youth network Resilient40.

“We are asking the Court to clarify the legal duties of African governments to protect their people from the worsening effects of climate change, including droughts, floods, rising sea levels, and food insecurity,” said Donald Deya of PALU.

Dzimbabwe Chimbga of the African Climate Platform added that the request is particularly concerned with the rights of vulnerable and marginalized groups. “We want the Court to interpret how the African Charter and related instruments safeguard the rights of women, children, people with disabilities, older persons, and indigenous communities from the climate crisis,” he said.

“The issue of climate change is not just environmental—it’s a moral and human rights imperative,” Chimbga emphasized. “The right to a clean, healthy, and sustainable environment is the foundation for the realization of other rights.”

The petitioners are also asking the Court to examine the role of public participation in environmental decision-making, the protection of environmental defenders, and how African states must regulate corporate activities contributing to environmental degradation.

Supporting documents submitted to the Court reference the African Charter on Human and Peoples’ Rights, the African Charter on the Rights and Welfare of the Child, the Maputo Protocol, the Paris Agreement, and the African Union’s Agenda 2063.

If the Court agrees to hear the request, it will mark the first time it delivers a formal interpretation on the intersection between climate change and human rights obligations under African human rights law.

 

The public hearing of the case filed by the Democratic Republic of Congo (DRC) against Rwanda at the African Court on Human and Peoples' Rights (AfCHPR) has been postponed. 

DRC filed the case accusing Rwanda of conducting military operations within its territory and supporting the M23 rebel group that has been engaged in ongoing armed conflict in eastern Congo.

DRC is seeking an order from the court for Rwanda to withdraw its troops from DRC's borders, cease supporting the M23 rebels, and compensate the victims of the ongoing conflict in eastern Congo. 

However, Rwanda has firmly denied the allegations and, over the past two days, has been challenging the court's jurisdiction to hear the case, arguing that it should not be accepted by AfCHPR.

Among Rwanda's objections is the argument that victims of the conflict should have used domestic legal avenues in Congo before resorting to filing a case at the African Court. 

Rwanda also criticized Congo for relying heavily on media reports to gather evidence for its claims, rather than presenting testimonies from the actual victims of the violence.

"The sources used by Congo to support their claims weaken the credibility of their case," said a spokesperson for the Rwandan government. "This is a step that diminishes confidence in the evidence presented."

In response, DRC denied Rwanda’s arguments, stressing that its evidence comes from various credible sources, including documents from United Nations agencies and aerial images that confirm Rwanda’s military activities within DRC's territory. 

DRC insists that it is not required to use domestic legal mechanisms, as the issue involves international concerns and regional security.

"Our evidence comes from reliable sources, including international organizations and satellite imagery," said the DRC lawyer. 

"We will not allow our complaints to be dismissed under the pretext of not using domestic channels."

The court has given both parties eight days to file written submissions and present their arguments. 

After this period, the court will decide whether it has the jurisdiction to continue with the case and whether it will proceed with the hearing.

It remains to be seen whether the African Court on Human and Peoples' Rights will intervene in this ongoing military and political conflict between the two neighboring nations, or whether it will rule that this is not the appropriate forum for such a case.

 

The Joint Summit of the Heads of State and Government from the East African Community (EAC) and the Southern African Development Community (SADC) convened in Dar es Salaam, Tanzania, on February 8, 2025. 

The summit aimed to address the deteriorating security situation in the eastern Democratic Republic of the Congo (DRC).

Leaders Unite for Peace in DRC

The summit was co-chaired by William Samoei Ruto, President of Kenya and Chairperson of the EAC, and Emmerson Dambudzo Mnangagwa, President of Zimbabwe and Chairperson of SADC. 

The meeting brought together key regional leaders, including Samia Suluhu Hassan of Tanzania, Félix Antoine Tshisekedi Tshilombo of DRC, Matamela Cyril Ramaphosa of South Africa, Hassan Sheikh Mohamoud of Somalia, Paul Kagame of Rwanda, Yoweri Kaguta Museveni of Uganda, Hakainde Hichilema of Zambia, and representatives from Angola, Malawi, South Sudan, Burundi, and Madagascar.

The opening session was attended by Moussa Faki Mahamat, Chairperson of the African Union Commission, alongside SADC Executive Secretary Elias Magosi and EAC Secretary General Veronica M. Nduva.

Concern Over Escalating Violence

The summit expressed deep concern over the worsening security situation in eastern DRC, highlighting the humanitarian crisis and the loss of lives, particularly among women and children.

"The situation requires immediate and coordinated action to ensure lasting peace and security," said William Ruto.

The leaders also condemned recent attacks on diplomatic missions and embassies in Kinshasa, calling on the DRC government to ensure the safety of foreign representatives and respect international diplomatic principles.

Calls for Ceasefire and Humanitarian Support

The summit reaffirmed previous resolutions from EAC and SADC meetings in late January 2025, emphasizing the urgent need for:

• An immediate and unconditional ceasefire
• Restoration of essential utilities and supply lines for food and humanitarian aid
• A peaceful resolution through the Luanda and Nairobi peace processes

The summit stressed that political and diplomatic engagement remains the most viable path to sustainable peace in eastern DRC.

Defense Chiefs Given Five Days to Develop Security Plan

The EAC-SADC Chiefs of Defense Forces were directed to meet within five days to provide technical guidance on:

• Enforcing a ceasefire and cessation of hostilities
• Coordinating humanitarian assistance, including repatriation of the deceased and evacuation of the injured
• Developing a security plan for Goma and surrounding areas
• Reopening key supply routes, including Goma-Sake-Bukavu and Goma-Kibumba-Rumangabo
• Resuming operations at Goma Airport

Strengthening the Peace Process

Recognizing the need for a more coordinated peace effort, the summit resolved to merge the Luanda and Nairobi peace processes into a single initiative.

"We must consolidate our efforts and enhance the peace process to ensure lasting stability," said Cyril Ramaphosa.

The summit also mandated the appointment of additional facilitators, in consultation with the African Union, to support the merged process.

Engagement with All Stakeholders

The leaders directed the resumption of direct negotiations with all state and non-state actors, including the M23 rebel group, under the Luanda-Nairobi framework.

They further called for the implementation of the agreed Concept of Operations (CONOPS) for neutralizing the Democratic Forces for the Liberation of Rwanda (FDLR) and urged Rwanda to withdraw defensive forces from the DRC as per the Luanda agreement.

Next Steps and Continued Commitment

The Joint Summit instructed EAC and SADC ministers to reconvene within 30 days to:

• Review the defense chiefs’ report on the ceasefire
• Establish a technical coordination mechanism to monitor the implementation of summit decisions
• Develop a roadmap for short-term and long-term peace and security measures, including financing options
• Address residual issues hindering sustainable peace in eastern DRC

Additionally, the leaders agreed on the need for the withdrawal of uninvited foreign armed forces from DRC territory.

Annual Summits for Regional Peace and Security

The summit reaffirmed solidarity with the people of DRC and pledged unwavering support for the country’s sovereignty, peace, and development. 

It was also decided that similar joint summits will be held at least once a year or as needed to review security and cooperation in the region.

Appreciation for Tanzania’s Leadership

The summit concluded with leaders expressing gratitude to Samia Suluhu Hassan and the Tanzanian government for hosting the crucial meeting.

"We appreciate Tanzania’s commitment and leadership in fostering regional peace," said Emmerson Mnangagwa.

The summit also acknowledged the efforts of the EAC and SADC Secretariats in preparing for the high-level discussions.

The resolutions reached in Dar es Salaam mark a significant step toward restoring peace and stability in the eastern DRC, with regional leaders committing to continued diplomatic and security efforts to end the conflict.

AFRICAN COURT TO AGITATE FOR ECONOMIC, CULTURAL RIGHTS

BY GRACE MACHA IN ARUSHA

The African Court on Human and People's Rights (AfCHPR) has said  economic and cultural rights will now be part of its area of focus.

Economic and cultural rights will dominate the legal facility's  activities for the 2024 Judicial Year launched recently.

This year's activities of the judicial organ are themed 'Enhancing the Justiciability of Economic, Social and Cultural Rights with emphasis on Education'..

Over 200 delegates drawn from various regional and continental bodies attended the launching ceremony.

They will include representatives of African Union (AU) member states,regional and sub-regional courts and AU organs with human rights mandates.

Envoys accredited to Tanzania, members of the judicial corps of Tanzania and representatives of Bar Associations were also there.

The event also attracted representatives of the civil society organisations, members of the academia and media and other stakeholders.

The Court has adopted the theme as it aligns to the AU's pursuit for education adopted at the 36th Ordinary Session of the AU heads of state and government last year.

The Court said in a statement that the right of all peoples to have their economic, social and cultural development was fundamental for their basic rights.

Unlike civil and political rights, the economic, social and cultural rights in the African Human and People's Charter must be protected.

The African Court or AfCHPR is a continental Court established by African countries to ensure the protection of human and peoples' rights in Africa.

 The Court, which is based in Arusha, is composed of eleven Judges, nationals of Member States of the African Union elected in their individual capacity. 

 BY GRACE MACHA IN ARUSHA

African countries have only four years to resolve their disputed border lines.

The deadline set for redemarcation or refixing of the territorial boundaries that have been disputed by nations is 2027.

This was revealed last Sunday by a representative of the African Union during the launch of a peace caravan aimed to address the issue.

"This is a complex and expensive matter", said a senior official of the African Union (AU) Frederic Gateretse Ngoga at Namanga.

He said the continental body was keen to ensure this was done even as only a few countries have ratified a convention to the effect.

The Niamey Convention which aims to ensure peaceful resolution of border disputes has to date been signed by 18 out of 55 AU member states.

And only nine of the signatories have ratified the Convention. None of the seven members of the East African Community (EAC) bloc has signed or ratified the agreement.

Mr.Ngoga, who was speaking at the  border town, said for the protocol to come into force, it must be ratified by 15 AU member states.

He said redemarcation of the boundaries of African countries stem from the fact that they were a source of conflicts.

"A boundary line that is not well demarcated is a source of most border disputes in the continent", he pointed out.

According to him, currently there are over 100 border disputes among nations in Africa which can trigger serious conflicts if not resolved.

"Unresolved border issues have the potential to escalate into violence and threaten peace and security", he observed.

Such crises can also undermine regional integration efforts " creating insecurity in border communities and the movement of people, goods and services".

Poorly defined and marked borders in Africa present an impending risk that can derail the desired goal of a more united and prosperous continent.

Within the EAC bloc, at least 22 boundary and territorial disputes - both manifest and latent - have been identified following a study carried out in 2021.

Mr. Ngoga, a focal point for the AU Border Programme, said only about 40 percent of the existing border disputes were being resolved but could not say at what stage.

Kenya prime cabinet secretary Musalia Mudavadi said although risks of border disputes in the bloc were minimal, they should not be underestimated.

"Vigilance is essential. There should be joint survey and demarcation teams and peaceful resolution of disputes", he said.

Mr. Mudavadi, who once served as Kenya Vice President, added that some border disputes in the EAC have been triggered by lack of joint management of shared natural resources.

His remarks were echoed by the EAC deputy secretary general in charge of Productive, Social, Infrastructure and Political Sectors Andrea Aguer Ariik Malueth.

He said a recent study has revealed that some all EAC partner states have experienced varying degrees of intra–and extra–regional border challenges.

The potential for the unresolved issues to escalate into violence and threaten peace, security and regional integration cannot, therefore, be ruled out.

The peace caravan and benchmarking tour launched at Namanga border town aimed to promote good neighbourliness among the communities

The border town between Tanzania and Kenya was used as a showcase in which local communities have lived in harmony that should be replicated across the region.

The seven-day caravan involved representatives of the Atekar community composed of Turkana from Kenya,Toposa(South Sudan and the Karamajong of Uganda.

Also roped in are the Maasai community where the border communities between Kenya, South Sudan and Uganda will learn from the former about peaceful co-existence.

In some parts of Africa - the EAC bloc included- border conflicts have been aggravated by Small Arms and Light Weapons (SALW) proliferation.

BY GRACE MACHA IN ARUSHA

The African Court on Human and People's Rights (AfCHPR) says it will push for gender equality in the media.

The continental judicial organ based in Arusha regretted that the top editorial positions in the local media were not gender-responsive.

 "Women should get higher posts because they have capability as their male counterparts", said AfCHPR President Judge Imani Daud Aboud.

She made the appeal in Arusha recently at the end of a training of women journalists, an exercise organized by the Media Council of Tanzania (MCT).

Lady Justice Aboud, a former Judge of the High Court of Tanzania, said a survey carried out by MCT in 2019 revealed some gaps on women in the media leadership.

Many top positions were dominated by men although there were equally qualified women suitable for such posts or responsibilities.

She prayed that the training  had enabled some participants to grasp the needed leadership skills in their respective media houses.

She, however, implored them to undertake their editorial and other responsibilities professionally and diligently for better output.

"There is no need to fear the dominance of men in key media positions. We can overcome this by working hard without despair", she pointed out.

MCT executive director Kajubi Mukajanga said the training has been conducted within the capacity building programme for women journalists.

Already, according to him,128 of them have been trained on leadership responsibilities in the media institutions until this month.

When she was speaking here during the International Women's Day early this year, Judge Aboud said AfCHPR will agitate for the rights and economic empowerment of women.

She said time has come for the African women to be 'liberated' from all forms of gender discrimination and to be empowered economically.

"Discrimination starts with the girl child on to the young ladies and to women in general; be they in business or other undertakings", she said.

Ms Aboud largely attributed poverty impacting  African women to denial of education, ownership of property and marginalization from a tender age.

She said the African Human Rights protocols were explicit on the rights of women for their role in development and family upbringing. 

 

BY GRACE MACHA IN ARUSHA

Finally, the construction of the Sh. 61billion headquarters of the African Court on Human and People's Rights (AfCHPR) is set to start.

A Chinese contractor to undertake the massive project was last week handed over the site at Laki Laki area on the outskirts of Arusha.

Construction will be undertaken by CRJE (East Africa) Limited from China. Major civil works will be completed in 24 months (two years).

The total cost of the project is Sh. 61 billion, of which Sh. 9 billion has been raised by the host nation, Tanzania, AfCHPR officials said.

"The rest of the funds will be mobilized by the Court from other partners," they said as the 24 hectare land was handed over to the contractor.

The handover stage of the construction site not only elated the President of the pan African Court Lady Justice Imani Aboud but also came as a relief to her staff members.

"We have been waiting for this for 16 years. We have been yearning for this", she said at the site, some 13 kilometres from Arusha city centre.

Lady Justice Aboud, the former Judge of the High Court of Tanzania, lauded the Tanzania government "for the generous support given to us".

She described the multi-million dollar headquarters project as one of the major projects ever to be undertaken by the Arusha-based legal facility.

She said the new headquarters of the Court would provide comfort to  the 150 plus staff of the judicial organ of the African Union.

"We are happy that the Tanzania government has fulfilled its promise. We appreciate the host government for offering land", she went on.

Between 80 to 90 of over 150 staff of the Court are professionals in legal services while the rest are support staff, a significant number of them from Tanzania.

The site for the proposed seat of the Court sits close to another high profile judicial organ; the UN Tribunal that has been trying suspects of the Rwanda genocide.

The International Residual Mechanism for Criminal Tribunals  IRMCT) or the Mechanism will, however, close shop shortly at the end of its mandate.

Speaking at the event, the Foreign Affairs and East African Cooperation permanent secretary Samuel Shelukindo said the new Court headquarters will be a state of art facility.

"It will meet all the requirements of an international court. The government will ensure the construction timeframe is observed", he said.

In June last year, the Tanzania Parliament contributed $1.4million (approximately Sh 4 billion) for the project implementation.

Construction of the AfCHPR seat is one of the measures being taken by the Tanzania government to support the pan African court as a host nation.

The continental judicial organ relocated to Tanzania way back in 2007 when the latter decided  "to provide it with the best working conditions".

Ever since, the Court has been operating from a building belonging to the Tanzania National Parks (Tanapa) along the Dodoma road.

 

A prominent lawyer from Cameroon has been elected the new President of the Pan African Lawyers' Union (Palu).

The 55 year old Kari Abdoul Bagwi will head the Arusha-based legal facility for a period of three years.

This was announced  in Arusha last week at the end of the body's general annual conference and Triennial General Assembly held in the city.

"I will continue where others ended", he told this blog, pledging to address the resource constraints,among others.

He succeeds Chief Emeka Obegolu from Nigeria whose term is from 2018 but extended for one more year due to the outbreak of Covid-19.

Bagwi has been at the helm of the premier bar association in the continent since 2014, twice serving as Palu's secretary general.

The President of Palu is not only mandated to preside over the organization's activities and leadership.

He or she will represent the body before the global organizations such as the United Nation, the African Union, the European Union and others on matters pertaining to law.

With the assistance of other key officials, he will oversee prudent investments that are necessary to sustain the activities of the organization.

The Tanganyika Law Society (TLS) is an automatic member of Palu's board, Tanzania being a host nation.

Speaking to reporters, TLS President Prof Edward Hosea stressed the need to sensitize the people on the legal facility.

The Assembly also elected Ms Joyce Oduah from Nigeria as the secretary general of the continental body of lawyers.

The Pan African Lawyers' Union (Palu) says it is ready to intervene in the crisis that has befallen the bar association in Sudan.

This follows an appeal by the country's lawyers  that their body risked being scrapped by the military government which came to power last year.

Usman Mohamed, the President of Sudanese Bar Association claimed in Arusha on Thursday that the military government was not comfortable with the legal body.

He told the just ended annual conference of the Arusha-based continental legal facility that the bar association was one of the professional bodies targeted by the military government.

Sudan came under the military government in October last year when soldiers loyal to Lt. General Abdelfattah El Burhani toppled the civilian government led by prime minister Abdallah Hamdok.

Mr. Mohamed said efforts by the bar association to come to terms with the Transitional Government Sovereignty Council ruling the country have borne no fruits.

PALU CEO, Donald Deya said the problems facing the Sudan Bar Association were beyond mere friction with the authorities currently in charge.

However, he told this blog that the continental bar association was ready to send a team of its officials to seek ways not only to reconcile the two sides but to rescue the bar from being proscribed.

"To start with, we will send a delegation there to find out the crux of the matter", hinting that the crisis could have its roots in the former regime of Omar Bashir who was toppled in 2019.

Recently, there were reports of pro-government leaders of the national bar association in Sudan elected in office,a flagrant interference of the judicial organs by the Executive.

Members of the bar as well as the opposition parties have questioned the results, describing the electoral process as flawed and fraudulent.

Newly elected Palu President Karim Abdoul Bagwi said  the organization was aware of the situation in Sudan since 2020 although   no concrete measures have been taken.

"We could not intervene after the outbreak of Covid 19 but soon we will send a fact-finding mission to find out the root cause, especially the fate of the bar officials suspended by the military", he pointed out.

Palu is a premier continental forum of lawyers and lawyers' associations which was established in 2002 to reflect the concerns and aspirations of the African people in legal matters.

The organization brings together the continent's regional and national lawyers' associations and over 1,000 individual lawyers across Africa.

Palu is built on the rule of law and good governance and works in partnership with a range of governmental and non-governmental actors, including the African Union (AU) and the East African Community (EAC).

The outgoing President of the continental lawyers' body  Chief Emeka Obegolu lashed out at what he described as proliferation of restrictive laws in Africa.

"Authoritarian regimes in Africa are increasingly exploiting their country's legal framework to eliminate opposition", he explained.

Chief Emeka claimed that laws ostensibly designed to  regulate civic activity or protect public order were being manipulated "to restrict the fundamental rights of citizens".

He called on the AU to work with the bar associations and civil society to develop standards for drafting public safety legislation "that adequately protects citizens without infringing on their constitutionally guaranteed rights".

 

The African Court on Human and Peoples' Rights (AfCHPR) has been urged to act on a disputed provision on NGOs.

Declaration 34 of the Court which allowed NGOs and individuals to file cases before it has divided the African countries.

While the majority of African Union member states have shunned it, some countries which signed it have withdrawn.

The Declaration was a subject of discussion at the forum of  lawyers from Africa with speakers calling for the Court to act on the matter.

The Pan African Lawyers' Union (Palu) President Chief Emeka Obegolu said failure by the African states to sign the provision was a setback in delivery of justice.

It also undermined enforcement of the African Charter on Human and Peoples' Rights which guarantees citizens of their fundamental rights.

Under the Charter, individuals and human rights groups cannot bring cases before the Court unless their country has signed the Declaration.

"Unfortunately, this is a major shortcoming for the Court", he told the annual conference and  Triennial General Assembly of the legal facility based in Arusha.

Moreover, he said, even countries which have signed the provision granting NGOs and individuals to file their cases at AfCHPR appear not entirely amused.

"They have not sufficiently encouraged their people to bring human rights cases before the Court or other countries to the same", he said.

Tanzania, the host country for the Court, in 2019 joined Rwanda, Benin and Cote d'Ivoire in ditching the controversial clause.

Only eight countries - out of 55 AU member states - have signed the contentious Declaration, signalling its unpopularity among the African leaders.

They are Burkina Faso, Gambia, Ghana, Guinea Bissau, Malawi, Mali, Niger and Tunisia.

Chief Obegolu, a barrister from Nigeria, said the shunned provision of the African Court was an indicator of weak human rights mechanisms in Africa.

As the AU countries were challenged on the drawback, in Zanzibar the Ecowas Community Court announced it would grant access to individuals to file cases before it.

The judicial organ for the West African states was initially strictly an interstate Court without individual's direct access to it.

However, recently a Supplementary Protocol was adopted which amended the initial Protocol, expanding its initial mandate into four distinct mandates.

The amended protocol granted the Court’s jurisdiction to determine cases of violation of human rights that occur in any Member State and gave individuals direct access to the Court in respect of the same.

This was revealed by the President of the Ecowas Community Court Lady Justice Dupe Atoki when she was speaking at a continental judicial dialogue in the Isles.

The African Court President Lady Justice Imani Daud Aboud did not directly speak on the issue but was recently quoted saying she was reaching out to the Tanzania authorities on the matter.

But as a regional court, our role is to
harmonise and unify the domestic application of the African Charter on
Human and Peoples’ Rights", she pointed out.

The President of the East African Court of Justice (EACJ)  Justice Nestor Kayobera said although EACJ does not have "explicit" human rights jurisdiction, it has built jurisprudence on the protection of rights of individuals.

These are well articulated in the EAC in Articles 6  and 7 of the EAC Treaty  which include protection of human rights and freedoms.