The withdrawal of Tunisia’s declaration under article 34(6) of the protocol establishing the African court on human and peoples’ rights. The case-law behind the decision and its Impact on the protection of human rights and democracy

On 7 March 2025, the Tunisian government notified the African Court on Human and Peoples’ Rights of its decision to withdraw the declaration under Article 34(6) of the 1998 Protocol to the Charter establishing the Court, thereby revoking individuals’ and NGOs’ direct access to the Court. The aim of this contribution is to briefly examine Tunisia’s withdrawal from a legal perspective. First, the scope of Article 34(6) and its interpretation will be outlined, taking into consideration the precedents of other African States that have opted for its revocation. Second, the analysis will turn to the recent case law of the African Court concerning Tunisia, showing how the Court’s jurisprudence challenged the presidential concentration of powers and thus brought to the political decision to withdraw Article 34(6) declaration. Finally, the article will assess the way forward, considering the temporal effects of the withdrawal, the possible role of the African Commission, and the implications for the overall effectiveness of human rights litigation in Africa.