THE ECOWAS COURT AS A HUMAN RIGHTS PROMOTER? ASSESSING FIVE YEARS’ IMPACT OF THE KORAOU SLAVERY JUDGMENT Horace S. Adjolohoun* Abstract Th e 2005 reform initiated by the Economic Community of West African States (ECOWAS) had the double eff ect of putting an end to ten years of judicial lethargy and positioning its Community Court of Justice (ECCJ) as a promising international human rights body. One of the most illustrative cases of the Court’s impact is the landmark Koraou (Slavery) judgment in which the ECCJ condemned Niger for failing to protect the complainant from enslavement by a third party. Five years aft er the Koraou decision, this paper uses empirical based theories, case study and factual evidence to interrogate whether the ECCJ’s judgment has had any further eff ect than just restoring the dignity of an individual litigant. Such assessment is important to thousands of other human beings who still live in bondage in the rest of the region. Ultimately, the paper seeks to demonstrate that although it has not reached the irradiating model of the European Court of Human Rights, the ECCJ has the potential of becoming a human rights promoter in the region and beyond. 1. INTRODUCTION In 2004, when the ECOWAS1 Community Court of Justice (ECCJ) heard its fi rst ever individual case, Afolabi v Nigeria,2 many were sceptical about its success as a human * BA, Licence (Université d’Abomey-Calavi & Usam, Benin), LLM (Pretoria), Doctoral Candidate, Centre for Human Rights, University of Pretoria, South Africa.
[email protected]. I would like to thank Professor Erika de Wet, Professor Frans Viljoen and Dr Magnus Killander for their invaluable comments on earlier draft s of this article.