Rwanda and the Democratic Republic of Congo will next week Thursday June 26th learn whether the African Court on Human and Peoples’ Rights is competent enough and suitable to arbitrate between the two countries.
The DRC in February dragged Rwanda to the ACHPR court accusing Kigali of attacks, looting, and massacres on its soil for the past 30 years.
However, Rwandan lawyers presented arguments calling for DRC’s application to be declared inadmissible.
“The Registry informs you that, in the case cited in the reference, the Court will deliver a judgment on jurisdiction and admissibility, in a public sitting, on 26 June 2025, starting at 10:00 a.m. in Arusha, United Republic of Tanzania,” reads in part a communique from the Court.
Following confrontations between the two parties on 12 and 13 February before the same Court on the jurisdiction of this body to judge this case, the ACHPR granted eight days to Kinshasa and Kigali, to file their notes of pleadings as well as any other relevant information before it ruled on its jurisdiction.
Rwandan lawyers, in their efforts, demonstrated that the referral to the ACHPR was premature, given that the procedures provided for by regional and international bodies had not been exhausted.
Kigali argued that the DRC’s application was based largely on information reported in the press, thus undermining its credibility.
The Rwandan defense also requested that the court suspend the proceedings pending the verdict of the EAC Court of Justice in another case between the two states.
Responding to the latter’s objections, the DRC’s lawyers challenged the ACHPR on the image it would project if it declared itself incompetent.
Meanwhile, on 21 August 2023, the DRC filed an Application against Rwanda alleging violations of rights and obligations under, among others, the African Charter on Human and Peoples’ Rights (the Charter), the Protocol to the African Charter on Human and Peoples’ Rights (the Charter) on Women’s Rights.
DRC also allegs Rwanda is in violation of the African Charter on the Rights and Welfare of the Child (ACRWC), the International Covenant on Civil and Political Rights (ICCPR),and the International Covenant on Economic, Social and Cultural Rights (ICESCR).
The alleged violations are in relation to the armed conflict, since 2021, in the eastern part of the Applicant State between its armed forces and M23 rebel group allegedly backed by the Respondent State.
Ultimately, the Respondent State raised objections to the jurisdiction of the Court and to the admissibility of the Application.
