Introduction
On June 10, 2024, the Chair of African Legal Studies (ALS) at the University of Bayreuth had the unique opportunity to host two distinguished representatives from the African Court on Human and Peoples’ Rights: Dr. Robert Eno (Cameroon), Registrar of the Court, and Prof. Dr. Dennis Dominic Adjei (Ghana), a sitting judge. This key institution of the African Union was established to safeguard human rights across the continent. The visit, initiated by Prof. Dr. Thoko Kaime, provided students and the academic community with valuable insights into the Court’s work. More specifically, the presence of these court officials personified the theoretical discussions on the role of the African Court on Human and Peoples’ Rights, which is one of the seminars under Human Rights in Africa taught in the Summer Semester at the Chair of ALS.
In addition to participating in a public seminar on the special protection of human rights in Africa, Dr. Eno and Prof. Adjei took part in a roundtable discussion with experts such as Prof. Dr. Eva Lohse and Dr. Patricia Boshe on the role of comparative law and jurisprudence in regional human rights systems. Later, in a more relaxed setting, they were interviewed by Merlin Mitschker, Manager of the ALS Blog. In the following interview, Dr. Robert Eno discusses his work at the Court, the challenges and opportunities for human rights protection in Africa, and his personal experiences and career path.
Interview
Would you like to introduce yourself?
Sure. My name is Robert, and I’m the Registrar of the African Court on Human and Peoples’ Rights. I’ve held this position for more than 14 years. I am from Cameroon, the Republic of Cameroon.
How would you describe your job to someone unfamiliar with the legal world?
The role of the Registrar at the African Court, and I’d say for any international tribunal, is like being the CEO of a company. I’m in charge of the day-to-day operations of the court. This includes human resource management, financial management, and preparing conditions to enable the judges to perform their judicial tasks. I act as a liaison between the public and the judges, like a middleman. Everything passes through the registrar to the judges and from the judges back to the public.
So, do you get along well with everyone?
I have to, in order to ensure the smooth functioning of the court.
That’s perfectly reasonable. What made you the Registrar? How did you get there?
Before becoming Registrar, I worked with a sister body, the African Commission on Human and Peoples’ Rights, which is also an organ of the African Union. I worked there for more than seven years. When the position of Registrar became available—no, first it was the position of Deputy Registrar at the court that was advertised. I applied and got the position. But six months later, the Registrar left the court, and I was made Acting Registrar for a year. Eventually, I interviewed for the position and got it. It has really been a competitive process.
What do you enjoy most about your profession?
I’ve been registrar now for over 14 years, and the satisfaction I get is from seeing how the court has developed over the years—the publicity it has gained, the number and quality of the cases we’ve handled, and the image the court has built for itself. All of this gives me a lot of satisfaction. And more importantly, the working environment we’ve created, both in terms of relationships with the judges and with my colleagues. I think all these factors make me proud to be the Registrar.
That sounds great. How about the intercultural aspect? Do you often travel? How do you manage that?
I’m also proud of the relationships we’ve established with other sister organizations, both within Africa and outside of it. We have a very good working relationship with the European Court and the Inter-American Court. In fact, we meet at the policy level and at the judges’ level, with these other courts every two years through an international human rights forum. It brings together judges from these courts to share experiences, knowledge, and best practices on how to promote and protect human rights, not only within our regions but globally. At the technical level, we also meet regularly to discuss issues like case management and the implementation of decisions. At the African level, we have good relationships with the East African Court of Justice, the ECOWAS Court of Justice, the SADC Administrative Tribunal, and other courts within the African region. We’ve even signed memorandums of understanding with some of these courts. So, cultural exchanges, experience sharing, and best practices are something we engage in, not just at the technical level but also at the judges’ level. Last year, for instance, some of our judges visited the court in Costa Rica, and the year before that one, they visited the European Court.
Dr. Robert Eno: “So, the more publicity and engagement we get with member states, the better it is for the court.”
What challenges does your work bring?
Well, as a Registrar, especially at the technical level, I operate within a multicultural setting that brings together staff from different religious, educational, and cultural backgrounds. Of course, there’s a tendency for misunderstandings or clashes, but I’ve been able to manage that by interacting closely, not only with my colleagues but also with the judges. Another challenge we face is trying to raise funds for the court. We struggle with resources. As a Registrar, if you don’t have sufficient funds, it becomes difficult to plan activities properly. Another issue is the lack of proper implementation of the court’s decisions. We’ve adopted many decisions, but it’s frustrating when we don’t see victims being compensated properly because the decisions aren’t implemented. It feels like all the work we put in isn’t materializing at the end of the day. Some of these issues are beyond my control, but as a human being, you still want to see results. That can be quite frustrating.
What ideas do you have to improve the situation, particularly regarding the implementation of decisions? We are a blog focused on publishing human rights development and cases. Do you think this kind of work could have an impact, or is it too far removed from the problem?
No, no, it’s not too far removed at all. I think any little bit of publicity we get is important for the court’s work and for human rights in general. Some of the challenges we face might stem from ignorance. Non-implementation of decisions could be due to several factors, perhaps mechanisms haven’t been put in place at the national level, or maybe the states aren’t properly informed about the decisions. Sometimes, national institutions haven’t applied enough pressure on the state to implement them. So, when we get publicity, it might raise awareness at the domestic level and encourage states to reconsider their stance on implementing decisions. Even issues like ratification of the protocol establishing the court, or the deposit of the declaration—I followed your interview with Justice Adjei, where he mentioned that only eight states have deposited the declaration allowing individuals and NGOs to bring cases directly before the court. This is not acceptable for a continent with 55 member states. It limits the reach of the court in fulfilling its mandate to protect human rights across the continent. So, the more publicity and engagement we get with member states, the better it is for the court.
What gives you hope that more countries will sign and join?
I’m indeed quite hopeful. Despite the challenges I’ve mentioned, we remain engaged with member states. We continue to visit them. So far, we’ve visited more than 30 countries. When we visit, we meet with high-level authorities—presidents, prime ministers, ministers—to exchange ideas with them. As I said, some of them may not even be aware of the challenges we face. But the openness to engage is still there. Member States are still willing to engage with us. Additionally, the African Union is currently undergoing institutional reform, and we’re hopeful that this reform will address some of these challenges and strengthen the African human rights system. We’re also engaging with other stakeholder civil society organizations and national human rights institutions. Recently, we signed a Memorandum of Understanding with the Network of National Human Rights Institutions, who are committed to supporting the work of the court. So, I’m hopeful that, over time, things will change, and the human rights protection system will improve.
You mentioned earlier that you’ve visited over 30 countries. Can you think of a particularly memorable moment during these visits with heads of government?
Yes, I can give you two or three concrete examples. In 2020, or perhaps 2018, the then-president of the court visited the president of Chad to discuss the ratification of the protocol. A week later, the president of Chad gave instructions for the protocol to be ratified, and it has been done. In 2019, or around that time, a delegation from the court visited the president of Tunisia to encourage Tunisia to deposit the declaration. The declaration was signed, and a copy was handed to the court’s delegation. In 2021, we visited Madagascar, and two days after our visit, the president gave instructions for the declaration to be signed. These are concrete examples of how these visits have yielded results. There are many other examples concerning ratifications and the deposit of declarations.
Dr. Robert Eno: “If you don’t have a proper human rights system, it is very unlikely to have a peaceful community. Also, it is very unlikely to have sustainable development, and it is very unlikely to ensure proper integration. “
That sounds really promising. Regarding our blog, the “African Legal Studies” blog hosted by the Chair of African Studies at the University of Bayreuth, we have readers from all over the world, including many academics and young students. What advice would you give them if they aspire to make a difference in the African Human Rights Movement?
First, I’d like to congratulate you and the blog for this initiative. I think it’s a very good one. I’d also encourage users to continue engaging with the blog. For those interested in the African human rights system, particularly the African Court, especially those from Africa, I urge them to take an interest in the court’s work and in the promotion and protection of human rights on the continent. There’s an undeniable link between human rights, peace, development, and regional integration. Human rights are at the core, the foundation of all of this. If you don’t have a proper human rights system, it is very unlikely to have a peaceful community. Also, it is very unlikely to have sustainable development, and it is very unlikely to ensure proper integration So, they should take an interest in ensuring that we have a firm foundation based on human rights. They should work with the stakeholders back home. Those who have relationships with the powers that be should encourage them to ratify the protocol, ratify human rights instruments, and be able to implement the decisions of human rights bodies, not only of the African Court but also of the African Commission and other human rights institutions on the continent.
Thank you so much for this. One last question: What current African human rights and political developments should our readers keep an eye on?
In my view, those who are interested in human rights on the continent should keep an eye on the current institutional reforms taking place. There’s a judicial reform process going on which seeks to merge several courts into one: the current African Court on Human and Peoples’ Rights, the Court of Justice of the African Union, and the establishment of a criminal section. All of these will be merged into one court through what is known as the Malabo Protocol. So, these three sections will become one court. This is an interesting development because it would be the first of its kind in the world to have three different courts—human rights, general affairs, and a criminal court like the ICC—under one umbrella. That’s the first thing people should be looking at.
Secondly, people should also keep an eye on the African Union’s elections next year, when new leaders will be chosen to govern the continent for the next four years at the Secretarial level. The current leaders’ term will come to an end in February. This might bring in new thinking, a new political direction, and potentially a new dimension regarding human rights as well. So, for me, these are the two key issues that those interested in human rights on the continent should be watching.
Thank you very much.
