The ECOWAS Commission has called a meeting of Government Experts of the 15 Member States in Abuja, Nigeria from 28 September to 3 October 2009 to discuss proposals from the Gambia to amend the provisions concerning the jurisdiction of and access to ECOWAS Court of Justice under the Protocol creating the Court. The Gambia's request for an amendment is accompanied by a draft Supplementary Act (amending instrument) prepared by the Government of the Gambia.
The Gambia seeks an amendment of Articles 9(4) on jurisdiction of and 10(d) on access to the Court. In particular, they request five specific amendments:
(a) that with respect to human rights cases, the Court should only have jurisdiction in respect of international instruments ratified by the respondent country;
(b) also in human rights cases, the ECOWAS Court's jurisdiction should be made subject to the exhaustion of domestic remedies;
(c) cases should only be admissible if instituted not later than 12 months after the exhaustion of local remedies;
(d) cases should not be anonymous; and
(e) the court should not hear cases that are before other international mechanisms of settlement.
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