Human Rights in Africa: Ghana leading way?
Monday was a significant day for Ghana, establishing our status among nations regarding human rights and democratic gravitas: President Mahama was accorded the enviable status as special guest speaker at the opening of the 2026 session of the African Court on Human and Peoples’ Rights in Arusha, Tanzania.
The occasion also marked the 20th anniversary of the Court.
President Mahama seized the opportunity and delivered an inspiring keynote address that is still reverberating among heads of state, jurists, diplomats, civil society organisations, human rights activists and lawyers alike.
The President’s speech, acclaimed as both ‘visionary and pragmatic’, highlighted the Court’s pivotal role in transforming the African human rights landscape and reaffirmed confidence in the continent’s ability to uphold justice, equality and human dignity.
While celebrating the progress made by the Court in advancing and anchoring a culture of human rights on the continent, President Mahama called for greater commitment from member states to implement the Court’s decisions.
This singular request to the assembled heads of state was at once inspiring and memorable.
This is because, unlike other continental human rights adjudicatory bodies, such as the European Court of Human Rights and the Inter-American Court of Human Rights, decisions of the African Court have sometimes faced implementation problems.
Monitoring proceedings at the opening session was emotional for me in terms of my professional work in human rights; I nearly worked for the Court after completing a Master's Degree at the University of London (UCL).
My good friend and fellow African on the programme, Saidou Ndow, now head of Habitat (UN Housing Department) in Kenya, followed it up and worked at the Arusha Court whilst I remained in chambers in London.
Apologies for the slight digression but I couldn’t resist the temptation to relive a personal experience.
Court
The African Court on Human and Peoples’ Rights, otherwise known as the African Court, stands as one of the continent’s foremost judicial institutions dedicated to safeguarding the fundamental human rights guaranteed under the African Charter on Human and Peoples’ Rights (the Banjul Charter).
It was established by the protocol to the Charter in 1998 and came into force in 2004.
The African Court complements the work of the African Commission on Human and Peoples’ Rights, based in The Gambia, by delivering legally binding adjudication of human rights violations by countries in Africa that have signed up to the jurisdiction of the Court.
Whilst the African Commission only makes recommendations to states that violate human rights provisions in their countries, the African Court is clothed with legal authority to issue binding judgements on the interpretation and application of the Banjul Charter and other regional human rights instruments.
It has a broad jurisdictional field as it can entertain claims from member states, the African Commission itself, civil society organisations and individuals whose human rights have been violated.
The Court also provides advisory opinions at the request of African Union organs and member states on legal matters pertaining to human rights law, thereby clarifying obligations and strengthening legal frameworks at national and regional levels.
The court, therefore, is a vital cog in the machinery of the promotion and implementation of human rights on the continent.
Inception
Since its inception, the Court has delivered some landmark decisions in discrete areas of human rights.
In Norbert Zongo v Burkina Faso, a case which has a Ghanaian flavour as the President of the Court was the former Chief Justice of Ghana, her Ladyship Sophia Akuffo, the court found that Burkina Faso had violated the rights of journalists Norbert Zongo and three companions by failing to deliver justice in a timely manner after they were assassinated.
By that holding, the Court gave an important human rights dictate: the duty of a state to investigate and prosecute crimes against journalists, reinforcing the importance of freedom of speech in democratic dispensations.
Also, in Chalula v Tanzania, the Court found that capital punishment violated the right to life as guaranteed in the Banjul Charter. In African Commission on Human and Peoples’ Rights v Republic of Kenya, the Court upheld the rights of indigenous communities with respect to communal land rights and cultural heritage.
The Court held that Kenya violated the rights of the indigenous Ogiek community by evicting them from the Mau Forest and mandated land restitutions and reparations.
In the face of recurring human rights challenges in Ghana, it is hoped that the President will lead the way by ensuring that state authorities and organisations in his own government adhere to human rights.
The writer is a lawyer.
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