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Abstract

International and regional human rights instruments, as well as the laws of many countries, including those in Africa, consider the right to life to be a very important and fundamental human right. Human rights defenders believe that without this right, individuals cannot enjoy or realize the other rights and fundamental freedoms that are guaranteed by and enshrined in international and regional human rights instruments, as well as in many national constitutions. However, despite the protections granted to the right to life by both international and domestic laws, it remains threatened by many individuals and groups. Threats to the right to life include extrajudicial killings by state- and non-state actors, often with the acquiescence of the State. Such unlawful killings may be politically motivated, for example, by an incumbent regime that seeks to eliminate its opponents or enemies or they may arise from the illegal use of excessive and lethal force by state security forces during the performance of their functions. Non-state actors also engage in extrajudicial killings. During the last several years, extremist groups, such as Boko Haram and al-Shabaab, have been responsible for the unlawful execution of thousands of people in Africa. Finally, the killing of intimate partners due to domestic violence, the murder of certain types of individuals (e.g., persons with albinism) in order to harvest their body parts for use in various types of rituals (e.g., money-making rituals), witchcraft or honor killings, killings motivated or induced by racism and xenophobia, and those undertaken by vigilante groups and criminal gangs, also represent important threats by non-state actors to the right to life. Despite these challenges, courts at both the regional and national levels in Africa are stepping up to prosecute and bring to justice those who violate human rights, including especially the right to life. As part of the overall effort to protect this important human right, African States should ensure, first, that regional legal institutions, such as the ECOWAS Community Court of Justice, are granted the capacity to operate. They can do so by providing these courts with the financial and other resources that they need to function, as well as making certain that all States subject to each regional court’s jurisdiction voluntarily accept, respect, and enforce its rulings. At the national level, each African State should significantly enhance the independence of its judiciary and ensure that it has the necessary resources to operate and deliver justice to those within its jurisdiction whose human rights have been violated.

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