For a new regional human rights court it is particularly important to engage with comparative authority in its judgments. This chapter explores the merits judgment of the African Court on Human and Peoples’ Rights in Zongo v Burkina Faso. It illustrates how the Court in this case failed to engage with relevant comparative material from the African Commission on Human and Peoples’ Rights, the United Nations, the Inter-American Court of Human Rights and the European Court of Human Rights. Reference to such material is important to strengthen the reasoning of the judgments of the Court and thereby enhancing their legitimacy. Fortunately the engagement with comparative material is much better in most of the other judgments so far delivered by the Court. The chapter explores how the Court’s use of comparative material in Zongo could have enhanced the reasoning in relation to the two merits issues of the judgment, namely due diligence in investigation of alleged extrajudicial executions and the chilling effect on the media arising from extrajudicial executions of journalists.
Anna-Luise Chané and Magnus Killander
EU-Africa relations have undergone a remarkable transformation over the past 60 years, from the colonial era to a ‘partnership of equals’. As African states gained independence, the EU developed a number of different frameworks for its trade, aid and, later, political cooperation with African partners, resulting in the fragmentation of EU-Africa relations. The adoption of the JAES in 2007, however, has laid the foundation for a strategic partnership between both continents, complementing and adding value to the existing frameworks. Despite significant progress made in terms of regional integration and cooperation, challenges remain. This paper sketches EU-Africa interregional relations, starting with a brief history of EU-Africa relations and an overview of the different regional integration frameworks in Africa. It maps the legal and institutional framework of the EU’s cooperation with the AU and the different Regional Economic Communities and examines the policy framework of the strategic partnership. Subsequently the tools for cooperation are examined, with a focus on political dialogue, trade and investment and financing, before the chapter concludes with an analysis of the opportunities and challenges of EU–Africa cooperation.