Search

The African Court: From the Politics of Gender to the Gender of Politics?




By J. Jarpa Dawuni, Ph.D. & Sègnonna H. Adjolohoun, Ph.D.*



In September 2018, the African Court on Human and Peoples’ Rights (ACtHPR or the Court) made history by swearing in two female judges, thereby bringing the Court’s composition to six women out of its 11 judges. The Court had thus achieved a female majority bench for the first time since its inception in 2006. The symbolic representation of women judges made the bench the most gender-balanced of all times. While women currently make up 55% of judges on the ACtHPR, they account for 35% of all judges since the Court was established, and only 20% of the leadership in the institution (ie, two women have served in the Bureau versus eight men). In the following discussion, we analyze why women’s symbolic representation has not translated into their substantive leadership within the Court. We query whether the changes introduced to the Rules of Court in 2020, will be a catalyst for a sustainable women’s representation in the Court’s Bureau in the elections slated for 31 May 2021.


Achieving Gender Parity

The women majority bench of the Court is an achievement of an electoral policy adopted within the political sphere of the African Union, including at the helm, by the Assembly of Heads of State and Government (AHSG). The policy is firstly grounded in treaty law as reflected in Article 14(3) of the Court Protocol, which provides that “In the election of the judges, the Assembly shall ensure that there is adequate gender representation”. This statutory commitment was subsequently translated into a