By John Stephen Katende

4^th April 2011:- The new African Court of Human and Peoples’ Rights has handed down its maiden ruling against Libya and demanded that Gaddafi’s government should immediately comply with its first binding ruling against a State.

In its pioneering decision, issued on March 25, 2011, and published on March 30, the court unanimously ordered Libya to end any actions that would cause the loss of life or violation of anyone’s “physical integrity” in violation of international human rights law. The ruling is binding on Libya, which is required to report back to the court in 15 days on the steps it has taken to carry out the ruling.

Welcoming the ruling, Clive Baldwin, a Senior Legal Adviser at Human Rights Watch said, “…the African Court’s first ruling is a key moment for the protection of human rights in Africa.  The African Union should now ensure that Libya quickly abides by its first ruling”, Baldwin demanded.

Egyptian Initiative for Personal Rights [EIPR], Human Rights Watch, and Interights initiated a case against Libya at the African Commission on Human and Peoples’ Rights on February 28, based on allegations that numerous human rights violations had occurred from February 16 onward.

These included killings by state security forces of people participating in peaceful protests as well as efforts to shut down the internet, stifle communication, and exclude foreign journalists from the country.  The three organizations also asked the African Commission to impose immediate “provisional measures” on Libya to stop the human rights violations, unlawful killings, and to ensure that those responsible for crimes are held accountable.

The African Commission, which is composed of experts from across the continent, decided that there had been “serious and widespread” violations of human rights in Libya that warranted the submission of the case to the African Court. The court quickly decided that the situation was one of “extreme gravity and urgency” and ordered “provisional measures” against Libya, requiring it to end all acts that risked violating the right to life or physical integrity.

“…This is an important development within the African human rights system, demonstrating how the African Commission and court can cooperate in taking action against massive human rights violations.  For the sake of its citizens, the government of Libya needs to respect the court’s ruling and prevent further harm to everyone in the territory”, said Rebecca Wright, Senior Legal Adviser at EIPR.

The African Court was set up by the member states of the African Union to “take final and binding decisions on human rights violations perpetrated by AU Member States”. Although its first judges were appointed in 2006, it has not been able to issue a substantive ruling on a case until now, partly because only four African states have made the declaration allowing their citizens to submit cases directly to the court.

For her part, Joanne Sawyer, the Litigation Director at Interights said, “…the court’s decision to grant provisional measures in this case is a positive step.  This strong action from the African Court is a clear signal to the Libyan government that they will be held accountable for their actions”.

The African Commission can submit a case to the court in situations of serious and widespread violations of human rights.  END.  Please log into www.ugandacorrespondent.com every Monday to read our top stories and anytime mid-week for our news updates.