22: Resolution on the Role of Lawyers and Judges in the Integration of the Charter and the Enhancement of the Commission’s work in National and sub-Regional Systems

    The African Commission at its 19th Ordinary Session held from 26th March to 4th April at Ouagadougou, Burkina Faso:

    Noting the central role that lawyers play in advocacy, judicial and other adjudicative processes in national legal systems and considering further how such roles can be used to promote reference to and reliance on the Charter in the Judicial and other adjudicative processes,

    Considering the mandate and judicial competence of judges to base their reasoning and judgements on all relevant human rights instruments, either as applicable authoritative laws or as persuasive aids to interpretation of constitutional and legislative provisions on fundamental rights, freedoms and duties,

    Recognising the importance of specialised and continuing training in human and peoples’ rights for legal practitioners, judges, magistrates and the commissioners,

    Appreciating the initiative of Commonwealth judges to incorporate and further develop human rights instruments and principles in their work:

    1. Urges Judges and magistrates to play a greater role in incorporating the Charter and future jurisprudence of the Commission in their judgements thereby promoting and protecting the rights and freedoms guaranteed by the Charter;

    2. Calls upon lawyers to place greater reliance on the Charter and other international and regional human rights instruments in their various legal advocacy roles;

    3. Urges law societies, legal and human rights Non-governmental Organisations with observer status with the Commission, associations or organisations of judges and magistrates, to initiate specialised and comprehensive training for judicial officers, lawyers at national and sub-regional levels.

    Adopted Resolutions

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