Case discussion of Mornah v Benin and 7 Others: is the African Court on Human and Peoples’ Rights prevented from implementing the right of selfdetermination?

The applicant, Mornah, approached the African Court on Human and Peoples’ Rights to hold the eight respondent states responsible for the violations of the human rights of the Sahrawi people of the Sahrawi Arab Democratic Republic. He alleged that the respondents failed to ‘safeguard the territorial integrity and independence’ of that country; and that their right to the enjoyment of their natural resources had been violated. According to him, the respondents were complicit in the alleged violations, in that they voted in favour of Morocco’s readmission as a member of the African Union. The Court held that the respondents had exercised their right to vote as a prerogative of membership, which could not be interpreted as support for the alleged rights violations. This case discussion critiques the Court’s judgment, which even though thoroughly analysing all arising issues, ended up with unsatisfactory conclusions. It examines the concept of the ‘right to self-determination’ and ‘territorial integrity’, as formulated in the African Charter on Human and Peoples’ Rights and the African Union Constitutive Act. It also considers the works of learned authors, juxtaposing them with the objectives of the Charter. It finds that the conclusions drawn by the Court appear to favour a particular political stance, mirroring the precedents set by the Commission in similar matters. It finally recommends that the Court should boldly play its role as the supranational human rights court for the continent, by setting clear precedents in developing the jurisprudence of the African human rights system.