The ECOWAS Court, located in Abuja, Nigeria, serves the 12-nation Economic Community of West African States (ECOWAS). Established to handle economic matters, the court was given a human rights mandate in 2005. Since then, it has heard hundreds of cases, with nearly 90% being human rights-related. This shift in mandate has made it an accessible forum for advancing women's rights, according to international law and human rights scholar Maame Efua Addadzi-Koom.
The ECOWAS Court has become the preferred destination for West Africans litigating human rights issues against their governments. Its accessibility is a key attraction, as plaintiffs do not have to exhaust all judicial avenues in their country before bringing their action to the court. Electronic filing and case management systems have further enhanced this accessibility. This has enabled individuals and organizations to bring cases against their governments, leading to landmark decisions that have challenged discrimination and violence against women.
The court has made significant decisions in areas such as marriage, widowhood, domestic violence, employment, education, culture, and conflict situations. For example, in the 2019 "Waves" case, the court ordered Sierra Leone to revoke its ban on pregnant schoolgirls attending mainstream schools and close down alternative schools that provided substandard education. This public interest litigation case was filed on behalf of an estimated 3,000 pregnant schoolgirls and marked a significant victory for women's rights in the region.
Despite its successes, the ECOWAS Court faces challenges in enforcing its decisions. While it has an enforcement plan that requires member states to set up national authorities to receive and enforce its decisions, not all member states have complied. Eight out of 12 ECOWAS member states have not set up these authorities, and even among those that have, some have a high number of unenforced judgments. Nigeria, the host country of the ECOWAS Court, is one example of a country with unenforced judgments.
One of the weaknesses of the ECOWAS Court is the uncertainty surrounding monetary compensation in women's rights cases. The court awards compensation, but the amount is not always clear, which can diminish predictability and effectiveness. Additionally, the court rarely mentions the Maputo Protocol, a regional human rights treaty specifically designed for women, in its decisions. This is concerning, as the Maputo Protocol is well-suited to addressing the needs of African women and girls.
To further transform women's rights in the region, the ECOWAS Court could develop a uniform monetary compensation framework and increase its reliance on the Maputo Protocol. Public interest litigation can also play a crucial role in achieving systemic, transformative decisions. The court's future handling of technology-facilitated gender-based violence cases will be important, as this form of violence affects women disproportionately and is a growing concern in the region.
The ECOWAS Court has established itself as a fair and receptive regional court where women can trust they will receive justice, even if their own states do not provide it. As the court continues to address a growing range of women's rights issues, its impact is likely to be significant. With its accessible and effective forum for advancing women's rights, the ECOWAS Court is poised to play a crucial role in shaping the rights of women in West Africa.
Key points
- The ECOWAS Court has made significant decisions in areas such as marriage, widowhood, domestic violence, employment, education, culture, and conflict situations.
- The court faces challenges in enforcing its decisions, with not all member states complying with its enforcement plan.
- The court could further transform women's rights by developing a uniform monetary compensation framework and increasing its reliance on the Maputo Protocol.
