The Influence of the International Covenant on Civil and Political Rights and the Human Rights Committee on the African Court on Human and Peoples' Rights

ABSTRACT: Over the past two decades, the African Court on Human and Peoples' Rights (hereinafter "the Court") has integrated norms from the International Covenant on Civil and Political Rights (hereinafter "the International Covenant") into its jurisprudence not only to interpret the African Charter on Human and Peoples' Rights (hereinafter "the African Charter") but also as a direct source of subjective rights. This pluralistic approach aims to enhance human rights protection in Africa by enabling the Court to leverage universally accepted normative provisions and the rich body of jurisprudence developed by the Human Rights Committee. However, this normative borrowing is neither systematic nor uniform. Recent jurisprudence reveals a shift from an initial strong influence toward a more nuanced approach, allowing the Court to develop its own regional perspective on human rights without conflicting with the universal framework. This shift does not imply that the African Court rejects the influence of the International Covenant; rather, it incorporates it autonomously, adapting it to the regional context. This capacity to draw from the International Covenant while remaining distinct demonstrates that the African Court does not merely replicate existing models but actively contributes to shaping jurisprudence that reflects the aspirations and realities of the continent.