Policy Brief No. 2 Matrix of African Intergovernmental Courts and Tribunals MATRIX of AFRICAN INTERGOVERNMENTAL COURTS and TRIBUNALS

PALU

Pan African Lawyers Union PALU Policy Brief No. 2 Matrix of African Intergovernmental Courts and Tribunals MATRIX OF AFRICAN INTERGOVERNMENTAL COURTS AND TRIBUNALS

Establishing Court/ Establishing Year of Jurisdiction of the Court States Parties Composition/ Seat of the Level of Activity Address / Body Tribunal Treaty & Operation- Structure Court / Contact or Other Provision alization/ Tribunal Created Establish- ment African African Article The Court The Court is mandated to ensure compliance 49 countries have Not yet Not yet deter- The Court is yet to Not established Union (AU) Economic 18 of the is not yet with the law in the interpretation and application ratified the Treaty. determined mined commence opera- Commu- Treaty operation- of the Treaty Establishing the African Economic The following have tions. nity Court Establishing alized Community including jurisdiction over the ac- not: Djibouti, Er- of Justice the African tions by a Member State or by the Conference of itrea, Somalia and (AECCJ) Economic Heads of State and Government Summit which South Sudan. Community violate the provisions of the Treaty; decisions, regulations, or abuse of power by an Organ or Authority of a Member State at the request of the Conference or the Executive Council. The Court also has the jurisdiction to render advisory opinions on any legal matter. African African Article The Char- All cases and disputes submitted to it concern- All 53 Member The Com- The Secretariat The Commission 31 Bijilo Annex Union (AU) Commission 30 of the ter came ing the interpretation and application of the States of the Afri- mission of the Commis- is the most vibrant Layout, Kombo on Human African into force Charter, this Protocol and any other relevant can Union except comprises sion is in Banjul, regional quasi-judicial North District, and Peoples’ Charter on in 1986 and Human Rights instrument ratified by the States South Sudan. of 11 African The Gambia. body. It has regular Western Region Rights Human and the Com- concerned members of The Commis- bi-annual sessions PO Box 673, (ACHPR) Peoples’ mission high repute, sion may hold during which state Banjul - Gambia Rights held its first who serve in its sessions party reports are Tel: (+220) 441 05 session in their personal in any other considered, commu- 05/441 05 06, 1987. capacity African country nications heard and Fax: (+220) 441 upon invitation deliberations on vari- Email: au-banjul@ of such country. ous aspects of human african-union.org rights in the region www.achpr.org are undertaken. Since its establishment, the Commission has received about 400 communications and adopted 48 reso- lutions covering 24 States. Establishing Court/ Establishing Year of Jurisdiction of the Court States Parties Composition/ Seat of the Level of Activity Address / Body Tribunal Treaty & Operation- Structure Court / Contact or Other Provision alization/ Tribunal Created Establish- ment African African Article The Pro- All cases and disputes concerning interpretation 26 countries have The Court Arusha, Tan- The Court received Dodoma Road Union (AU) Court on 1 of the tocol came and application of the African Charter (Article 3 ratified the Pro- consists of zania its first case in 2009 P.O Box 6274 Aru- Human and Protocol to into force of Court Protocol). The Court can also render tocol. These are eleven judges and to date has sha/Tanzania Tel: Peoples’ the African in January advisory opinions on any legal matter relating Algeria, Burkina of high moral received 22 cases, (+255) 732 979 Rights (Af- Charter on 2004 and to the African Charter or other human rights Faso, Burundi, standing, and It has also received 506/9, Fax (+255) CHPR) Human and the Court instruments ratified by Member States of the Côte d’Ivoire, of recognised 3 requests advisory 732 979 503 Peoples’ was inau- African Union (Article 4 of Court Protocol). The Comoros, Congo, practical, opinions. Email: registrar@ Rights on gurated in jurisdiction may be invoked by the African Com- Gabon, Gambia, judicial or ac- african-court.org the Estab- 2006. mission on Human and Peoples’ Rights, African Ghana, Kenya, Lib- ademic com- www.african-court. lishment of Intergovernmental Organisations, State Parties, ya, Lesotho, Mali, petence and org an African individuals or non-governmental organisations Malawi, Mozam- experience Court on with observer status before the Commission. bique, Mauritania, on human Human and Individuals and Non Governmental Organisations Mauritius, Nigeria, and peoples’ Peoples’ (NGOs) may only access the Court if the State Niger, Rwanda, rights (Article Rights against whom the claim is brought has issued a South Africa, 11(1). The Declaration allowing direct access under Article Senegal, Tanzania, judges are 34(6) of the Court Protocol. To date, only 5 Togo, Tunisia, and drawn from countries have made the declaration namely Uganda. nationals Burkina Faso, Ghana, Malawi, Mali and Tanzania of member states. African African Article 32 The Char- The Committee has the mandate to promote 46 States have rat- The Commit- The Secretariat The Committee has Commission of the Union (AU) Committee of the Afri- ter entered and protect the rights enshrined in the Charter; ified the Protocol. tee com- of the Commit- received 2 Commu- African Union of Experts can Charter into force interpret the provisions of the Charter at the The following have prises of 11 tee is in Addis nications to date and African Union on the on the in 1999, the request of a State Party, an Institution of the Or- not: Central Afri- members of Ababa, Ethiopia. has finalised 1. Headquarters Rights and Rights and Commit- ganization of African Unity or any other person can Republic, Côte high moral The Commit- Social Affairs De- Welfare of Welfare of tee was or Institution recognized by the Organization of d’Ivoire, Congo, integrity and tee may hold its partment the Child the Child inaugurated African Unity, or any State Party. In monitoring Djibouti, Dem- competence sessions in any P.O. Box 3243, (ACERWC) in July 2001 implementation, the Committee receives period- ocratic Republic in matters of Member States W21 K19 Addis and held its ic reports of the states in the implementation of of Congo, Gabon, child rights that offers to Ababa, Ethiopia first session the Charter, and gives concluding observations Guinea Bissau, and welfare host it. Tel: (+251) 1 551 in 2002. on these. In exercise of Liberia, Mauri- who serve in 35 22 Fax: (+251) the protective mandate, the Committee receives tania, Sahrawi their personal 1 553 57 16 communications on violations of the rights of Arab Democratic capacity. www.acerwc.org children. Republic, Somalia, Sao Tome and Principe, South Sudan, Sudan, Swaziland, Tunisia and Zambia. Establishing Court/ Establishing Year of Jurisdiction of the Court States Parties Composition/ Seat of the Level of Activity Address / Body Tribunal Treaty & Operation- Structure Court / Contact or Other Provision alization/ Tribunal Created Establish- ment African African Article The oper- Interpretation and application of the Constitutive 16 countries The Court Not estab- The operationaliza- Not established Union (AU) Court of 18 of the ationaliza- Act, the interpretation, application or validi- have ratified consists of 11 lished. tion of the Court Justice (ACJ) Constitu- tion of the ty of African Union Treaties and all subsidiary the Protocol. judges drawn was suspended fol- tive Act of Court was legal instruments adopted within the Union; These are Algeria, from nationals lowing the decision the African suspended any questions about the international law, all Comoros, Egypt, of Member to merge the African Union and follow- acts, decisions, regulations and directives of the Gabon, Gambia, States. The Court of Justice and the Proto- ing the organs of the Union in all matters under any Lesotho, Libya, court sits in the African Court on col on the decision other agreement that States Parties may con- Mali, Mozambique, full except Human and Peoples’ Court of to merge clude among themselves or with the Union and Mauritius, Niger, when sitting Rights. Justice of the African which empowers the Court to adjudicate over, Rwanda, South Af- as a chamber, the African Court of the existence of any fact which, if established, rica, Sudan, Tunisia in which case Union Justice and would constitute a breach of an obligation to a and Tanzania. a quorum the African State Party or the Union, the nature or extent of at least Court on of reparation for the breach of an undertak- 7 judges is Human and ing (Article 19 of the Protocol). The Court of required. Peoples’ Justice can also give advisory opinions on any Rights. legal question at the request of any Organs of the Africn Union or a Regional Economic Community under Article 44 of the Protocol.

African African Article 2 of The Court “The Court has jurisdiction over interpretation 5 countries The Court The seat of the The Court is yet to Not established Union (AU) Court of the Proto- is not yet and application of the Constitutive Act and re- have ratified the consists of 16 Court is yet to commence opera- Justice and col on the operation- lated African Union treaties. Its may review acts, Protocol. These judges drawn be determined tions. Human Statute of alized. The decisions, regulations, directives of the organs of are Benin, Burkina from nationals though Article Rights (AC- the African Protocol the African Union, any question of international Faso, Congo, Libya of Member 25 of the Pro- JHR) Court of has only law and the existence of any fact which, if estab- and Mali. States. The tocol provides Justice and received lished, would constitute a breach of an obligation Protocol that the seat of Human 5 of the to a State Party of the African Union and the also requires the Court shall Rights required 15 nature or extent of reparations to be made for geographical be the same ratifications the breach of an international obligation. balancing of sear as the for it to The jurisdiction of the ACJHR may be invoked the appointed African Court come into by States Parties, AU Organs and Institutions, judges with on Human force. African Intergovernmental Organizations, staff of each region and Peoples’ the AU on appeals arising from labour disputes entitled to 3 Rights which is and African National Human Rights Institutions. seats except currently situ- Individuals or NGOs accredited to the AU or its the Western ate in Arusha, Organs may also approach the Court subject to Region which Tanzania. a declaration made by a Member State accepting shall have 4 the Court’s competence. seats. Establishing Court/ Establishing Year of Jurisdiction of the Court States Parties Composition/ Seat of the Level of Activity Address / Body Tribunal Treaty & Operation- Structure Court / Contact or Other Provision alization/ Tribunal Created Establish- ment African High Com- Articles The Com- The Commission has jurisdiction to rule on 15 Members: Be- The Com- Yaoundé, Cam- Commission was BP 887, Hippo- Intellectual mission of 19, 27 and mission appeals from a rejection of applications for nin, Burkina Faso, mission is eroon established in 2000 drome Yaoundé, Property Appeal 33 of the com- protection of industrial property, the rejection of Cameroon, Chad, composed of and held its first ses- Cameroun, Tel : Organiza- Bangui menced applications for continuation or extension of the Congo, Côte 6 members, 3 sion in the same year. (+237) 220 57 tion (AIPO) Agreement operations term of protection, the rejection of applications d’Ivoire, Gabon, members and Since then it meets 00/220 39 11, Relating in 2000 for restoration in decisions about opposition. The Guinea, Guin- 3 alternates regularly in sessions Fax: (+237) 220 to the Commission may be approached by natural and ea-Bissau, Mali, selected by to discuss and settle 57 27/220 57 21 Creation of legal persons who are nationals of States Parties Mauritania, Niger, lot from disputes. www.oapi.wipo.net an African to the Bangui Agreement. Central African among the Intellectual Republic, Sénégal, judges of Property and Togo. Member Organiza- States with at tion least 10 years experience, and with good knowledge of intellectual property issues . At any meeting, the Commis- sion shall be composed of at least three members, at least one regular member. Establishing Court/ Establishing Year of Jurisdiction of the Court States Parties Composition/ Seat of the Level of Activity Address / Body Tribunal Treaty & Operation- Structure Court / Contact or Other Provision alization/ Tribunal Created Establish- ment African Board of Article The Board The Board has jurisdiction to hear appeals on in- 17 Members: Board Harare, Zimba- The Board has heard 11 Natal Road, Regional Appeal 4bis of the Com- tellectual property rights and to review any final Botswana, Gambia, consists of bwe two appeals to date. Belgravia Harare, Industrial Harare menced administrative decision of the Office in relation Ghana, Kenya, 5 members Zimbabwe mail@ Property Protocol on operations to the implementation of the provisions of the Lesotho, Liberia, who are aripo.org (+263) Organi- Patents and in 2000 Harare Protocol, the Banjul Protocol on Marks Malawi Mozam- experienced 4794065-68, zation Industrial or any other Protocol within the framework of bique, Namibia, in intellectual (+263) 4794072/3, (ARIPO) Designs ARIPO. Rwanda, Sierra property (+263) 773559987 within the Leone, Sudan, matters 2 of www.aripo.org Frame- Swaziland, Tanzania, whom are work of Uganda, Zambia examiners. the African and Zimbabwe. The quorum Regional of the Board Industrial is three mem- Property bers. Mem- Organiza- bers of the tion Board serve on a two year term renew- able once. Establishing Court/ Establishing Year of Jurisdiction of the Court States Parties Composition/ Seat of the Level of Activity Address / Body Tribunal Treaty & Operation- Structure Court / Contact or Other Provision alization/ Tribunal Created Establish- ment Common COMESA Article 7(1) The first The Court has jurisdiction to adjudicate all All 20 Member The Court Khartoum, The Court has COMESA Centre Market for Court of of the Trea- judges of matters referred to it under the COMESA Treaty. States of COME- comprises Sudan received at least 15 Ben Bella Road East and Justice ty Estab- the Court The Court can receive references from Member SA: Burundi, of 7 judges cases since inception. P.O Box 30051 Southern (COMESA lishing the were ap- States, the Secretary General or from legal and Comoros, Dem- appointed by Lusaka – Zambia Africa - CJ) Common pointed in natural persons resident in the Member States ocratic Republic the Heads of Tel: (+260) 211 (COMESA) Market for 1998. concerning the legality of any act, regulation, di- of the Congo, States and 229725/32, Eastern and rective, or decision of the Council or of a Mem- Djibouti, Egypt, Government Fax: (+260) 211 Southern ber State on the grounds that such act, directive, Eritrea, Ethiopia, of Member 225107 Africa decision or regulation is unlawful or an infringe- Kenya, Libya, Mad- States. The Email: webmas- ment of the provisions of the Treaty. The Court agascar, Malawi, Judges are [email protected] may also have jurisdiction over other agreements Mauritius, Rwanda, chosen from between Member States that confer it with such Seychelles, South among per- jurisdiction. The Court also has jurisdiction to Sudan, Sudan, sons of im- render advisory opinions on questions of law Swaziland, Uganda, partiality and arising from the provisions of the Treaty affecting Zambia and Zim- independence the Common Market upon the request of the babwe who fulfill the Authority, the Council or a Member State. conditions required for the holding of high judicial office in their respective countries or are jurists of recognised competence. Establishing Court/ Establishing Year of Jurisdiction of the Court States Parties Composition/ Seat of the Level of Activity Address / Body Tribunal Treaty & Operation- Structure Court / Contact or Other Provision alization/ Tribunal Created Establish- ment East African East African Article 9 of The Court The Court is mandated to ensure adherence All 5 Member The Court The Court The Court was in- Leopard Tours Community Court of the Treaty was inau- to law in the interpretation, application of, and States of the EAC; is currently is currently active for a relatively Co. Ltd. Building (EAC) Justice Establishing gurated in compliance with the EAC Treaty. The Court has Burundi, Kenya, comprised situate in Aru- long period after its 1st & 3rd Floor, (EACJ) the East 2001. jurisdiction over Labour disputes between the Rwanda, Tanzania of 10 judges sha, Tanzania establishment. It has Along Moshi/ African Community and its employees arising from the and Uganda. though the pending the however experi- Arusha Road Community terms and conditions of employment or the in- Court may be determination enced an increasing P. O. Box 1096 terpretation and application of the staff rules and composed of of its perma- volune of activity Arusha, Tanzania regulations; disputes between the Partner States up to 15 judg- nent seat by since 2007. Telephone: (+255) regarding the Treaty if the dispute is submitted to es, three from the Summit. 27 2506093, Fax: it under a special agreement; disputes arising out each member (+255) 27 2509493 of an arbitration clause contained in a contract state. It has Email: eacj@eachq. or agreement which confers arbitral jurisdiction two cham- org to the Court. The jurisdiction of the Court may bers; the First be extended to human rights at a suitable date to Instance Divi- be determined by the Council sion (up to 10 judges) and the Appelate Division (5 judges). The judges serve on an ad hoc basis with exception of the President and Principal Judge of the Court. Economic Arbitration Article The Court The Treaty provides that the status, composition, 13 Member States Not yet Not yet deter- The Court is yet to Not established Community Tribunal 16 of the is not yet powers, procedures relating thereto are to be of ECOWAS have determined mined commence opera- of West Af- of the Revised operation- established in a Protocol. The Protocol is yet to acceded to its tions. rican States Economic Economic alized be adopted. jurisdiction while (ECOWAS) Community Community Benin and Burkina of West Af- of West Af- Faso have not. rican States rican States Treaty Establishing Court/ Establishing Year of Jurisdiction of the Court States Parties Composition/ Seat of the Level of Activity Address / Body Tribunal Treaty & Operation- Structure Court / Contact or Other Provision alization/ Tribunal Created Establish- ment Economic ECOWAS Article The Court The Court is mandated to ensure the obser- All 15 Member The Court Abuja, Nigeria The Court is the The ECOWAS Community Commu- 2 of the was oper- vance of law and the principles of equity in the States of ECOW- is composed most vibrant sub-re- Commission, of West Af- nity Court Protocol to ationalized interpretation and application of the principles AS; Benin, Burkina of 7 indepen- gional court, having 10 Dar Es Salaam rican States of Justice the Treaty in 2002 of the ECOWAS Treaty. It has jurisdiction over Faso, Cap Verde, dent judges received over 30 Crescent, Off (ECOWAS) (ECOWAS of the the interpretation and application of the Treaty, Côte d’Ivoire, elected and n cases in its period of Aminu Kano CCJ) Economic Conventions and Protocols of the Community, Gambia, Ghana, nominated by operation. Crescent, Wuse Community the subsidiary instruments of the Community, Guinea, Guinea the Member II, Abuja, Nigeria. of West Af- determination of the legality of regulations, direc- Bissau, Liberia, States, and Tel: (+234) rica States tives, decisions and other instruments adopted Mali, Niger, Nige- who are 9 5240781, on the by the community, failure of member states to ria, Senegal, Sierra persons of Fax: (+234) Community honor their obligations under the instruments of Leone and Togo. high moral 9 6708210, Court of the Community, non-contractual liability of the integrity and Email: informa- Justice and community, and to determine cases of violation are qualified tion@courte- the Supple- of human rights in any of the member states. to fill the cowas.org www. mentary The Court may also issue advisory opinions at highest judi- courtecowas.org Protocol the request of Institutions of the Community or cial offices in Amending Member States. their respec- Protocol tive coun- Relating tries or are to the jurisconsults Community of recognized Court of competence. Justice Economic ECCAS Articles 7 Not Yet The Court has jurisdiction to ensure adherence 11 Members: Not Yet oper- Not yet deter- The Court is yet to Not established Community Court of and 16-18 operational to the rule of law in the interpretation and appli- Angola, Burun- ational mined commence opera- of Central Justice (EC- of the Trea- cation of the Treaty ECCAS, and to adjudicate di, Cameroon, tions. African CAS - CJ) ty estab- disputes in which it can be seized under the Congo, Central States (EC- lishing the provisions of the Treaty. The Court can review African Republic, CAS) Economic and interpret the legality of decisions, directives, Chad, Democratic Community regulations and institutions of the Communi- Republic of Congo, of Central ty for incompetence, abuse of power, breach Gabon, Equatorial African of essential provisions of the Treaty made by a Guinea and Sao States State Party or by a member of the Conference Tome and Principe. of Heads of Stat. It also has jurisdiction to issue advisory opinions on any legal question at the request of the Conference or Council. Establishing Court/ Establishing Year of Jurisdiction of the Court States Parties Composition/ Seat of the Level of Activity Address / Body Tribunal Treaty & Operation- Structure Court / Contact or Other Provision alization/ Tribunal Created Establish- ment Econom- Econom- Articles 10 The Court The Court has jurisdiction over interpretation 6 Members: Cam- The Court N’djamena, Court became B.P: 5780 ic and ic and and 48 of com- and application of the EMCCA Treaty and subse- eroon, Central is composed Chad operational on 10 N’djamena Chad Monetary Monetary the Treaty menced quent agreements. The Court may be approached African Republic, of 6 indepen- February 2000, with Tel: (+235) 252 08 Community Community of 16 June operations by Member States, EMCCA, specialised institu- Chad, Congo, Equi- dent judges the appointment of 27, Fax: (+235) 252 of Central of Central 1994 in in 2000 tions of the Community, officials of Community torial Guinea and elected and its first members. It 05 92 Africa (EM- Africa Yaoundé institutions and natural or legal persons who are Gabon. nominated by has been reformed in CCA) Community revised June nationals of Member States. The Court also has the member 2008, but which still Court of 25, 2008, jurisdiction to issue advisory opinions. states, has not come into Justice Convention force Governing the Court of Justice of the CEMAC adopted January 30, 2009 in Libreville. Southern Southern Article 9(g) The Tri- Article 16 of the Treaty provides that the Tribunal 15 Members: The Tribunal Windhoek, Before its suspension P.O. Box 40624 Africa De- Africa De- of the Trea- bunal was shall ensure adherence to and proper interpre- Angola, Botswa- consists of Namibia in 2010 the Tribunal Crn Bahnhoff velopment velopment ty of the inaugurated tation of the provisions of the SADC Treaty. The na, Democratic not less than had heard over 17 Str and Robert Community Community Southern in 2005 but Tribunal has jurisdiction in relation to the inter- Republic of the 10 members cases. Mugabe Avenue (SADC) Tribunal Africa De- its activities pretation and application of the Treaty, Protocols Congo, Lesotho, appointed Turnhalle Build- (SADC-T) velopment were sus- and subsidiary instruments of the Community Madagascar, Mala- from nationals ing Windhoek Commu- pended in as well as other matters such as agreements be- wi, Mauritius, Mo- of the Mem- Namibia Tel: (+264) nity and 2010. tween Member States that may be refered to it. zambique, Namibia, ber States. 61 383600, Email: Protocol on The Tribunal also has jurisdiction over disputes Seychelles, South The Tribunal registrar@sadc-tri- Tribunal and between Member States, and between natural or Africa, Swaziland, has 5 regular bunal.org the Rules of legal persons and Member States. In August 2012 Tanzania, Zambia members and Procedure the Annual Summit of SADC Heads of State and and Zimbabwe. 5 alternate Thereof Government decided that a new Protocol on the members.The Tribunal should be negotiated and its mandate qourum of confined to interpretation of the SADC Treaty the Tribunal and Protocols relating to disputes between is 3 members, Member States. and 5 members for a full bench. Establishing Court/ Establishing Year of Jurisdiction of the Court States Parties Composition/ Seat of the Level of Activity Address / Body Tribunal Treaty & Operation- Structure Court / Contact or Other Provision alization/ Tribunal Created Establish- ment Organiza- Common Article 3 of The Court The Court has jurisdiction over the interpre- 17 Members: The Court Abidjan Côte As to date the Court B.P. 8702 Abidjan tion for the Court of the Treaty was inau- tation and application of the Treaty of Port Benin, Burkina is composed d’ivoire has has rendered 18 01, Côte d’Ivoire Harmoniza- Justice and on Har- gurated in Louis, its implementing regulations and OHADA Faso, Cameroon, of 7 judges advisory opinions Tél: (+225) 20 33 tion of Busi- Arbitration monization 1997 Uniform Acts. Its jurisdiction can be invoked by Central African elected for on various issues af- 60 51 / 225 20 33 ness Law (CCJA) of Business all natural or legal persons of States Parties to Republic, Chad, a term of 7 fecting the OHADA 60 52 Fax: (+225) (OHADA) Law in the Treaty of Port-Louis, the States Parties and Comoros, Congo, years renew- law as well as issued 20 33 60 53, E-mail: Africa the Council of Ministers. The Court also has Côte d’Ivoire, able once. 173 decisions and 23 [email protected] jurisdiction to render advisory opinions. Democratic orders. Republic of Congo, Equatorial Guinea, Gabon, Guinea, Guinea Bissau, Mali, Niger, Sene- gal and Togo. West The Court Article The Court The Court has jurisdiction over remedies for 8 Members: Benin, The Court Ouagadougou, To date the court Court of Justice of African Eco- of Justice of 16, 38 and was inau- breach by Member States of any regulations, Burkina Faso, Côte is composed Burkina Faso has seven pend- WAEMU 01 01 BP nomic Mon- WAEMU 39 of the gurated on directives and decisions of bodies of the Union, d’Ivoire, Guinea of members ing cases and two 543 Ouagadougou etary Union (CJ - WAE- WAEMU 27 January claims between Member States relating to the Bissau, Mali, Niger, appointed for requests for advisory - Burkina Faso Tel: (WAEMU) MU) Treaty and 1985 Treaty of WAEMU submitted under a compro- Senegal and Togo. a term of 6 opinions. (+226) 50 31 88 73 Additional mise agreement and references on preliminary years by the - 76, Fax: (+226) 50 Act No. rulings. The Court also has jurisdiction to issue Conference 31 88 72 10/96 o1f 0 advisory opinions at the request of the WAEMU of Heads of www.uemoa.int May 1996 Commission, the Council of Ministers or the State and on the Conference of Heads of State and Government. Government Statutes of They are the Court chosen from of Justice of persons WAEMU whose independence is beyond doubt and with the requisite legal expertise necessary to exercise the highest judicial offices. Pan African Lawyers Union PALU No.3, Jandu Road, Corridor Area, This Policy Brief has been P.O.Box 6065 Arusha, Tanzania published with the kind support Tel: +255 27 254 3192 of the Swedish International [email protected] Pan African Development Cooperation Agency. Lawyers Union www.lawyersofafrica.org