As the African Commission on Human and Peoples’ Rights (African Commission) marks the 20th anniversary of its establishment on 2 November 2007, Amnesty International has published a report.

AI Index: AFR 01/004/2007 (Public)

News Service No: 211

2 November 2007

As the African Commission on Human and Peoples’ Rights (African Commission) marks the 20th anniversary of its establishment on 2 November 2007, Amnesty International has published a report titled: A Guide to the African Commission on Human and Peoples’ Rights, which aims to foster greater participation by civil society groups and human rights defenders in the work of the African Commission.

The African Commission was established on 2 November 1987 to monitor states parties’ compliance with their obligations under the African Charter on Human and Peoples’ Rights, and promote the implementation of the Charter nationally and regionally. Despite limited human, material and financial resources, the African Commission continues to play an important role in the promotion and protection of human rights in many countries in Africa.

The African Commission’s far-reaching mandates have provided opportunities for human rights advocacy, with many civil society groups, including human rights non-governmental organizations (NGOs) actively participating and contributing to the work of the Commission. However, despite the increase in the number of NGOs in Africa, and the growing jurisprudence of the African Commission, the Commission remains under-utilized by national and regional NGOs. Many do not know how they can cooperate with the African Commission, as there is little practical information available for NGOs on how to use the African Commission other than some guidelines adopted by the Commission and a few academic studies.

The Guide to the African Commission on Human and Peoples’ Rights aims to fill the gap and to foster greater participation by NGOs and human rights defenders in the work of the African Commission. The Guide offers a step-by-step explanation on how the African Commission operates and how NGOs and activists can access and use the Commission to advance their human rights work. The Guide is a companion to the Guide to the African Charter on Human and Peoples’ Rights (AI Index: IOR 63/005/2006), which explains in simple terms the rights and freedoms guaranteed by the African Charter.

Amnesty International believes that the unrivalled experience of NGOs working in Africa, with their regular contacts and direct knowledge of the situation on the ground, make them indispensable partners in providing information to the African Commission. Similarly, the African Commission’s decisions, recommendations and resolutions can lend authority to NGOs’ campaigning and advocacy work.

Amnesty International hopes that the Guide will serve the purpose of raising awareness about the mandates of the African Commission, and assist many NGOs to approach the Commission on behalf of victims of human rights violations for a remedy. However, for the African Commission to efficiently and effectively respond to any increase in its workload, and to better support the newly established African Court on Human and Peoples’ Rights, it is important for the African Union (AU) and its member states to strengthen the Commission’s human, material and financial resources. It is also important for the AU member states to show sufficient political will to submit timely and detailed reports on how they are implementing the African Charter in their countries to the African Commission, and to implement the Commission’s decisions.

Background

The African Commission on Human and Peoples’ Rights contemplated under the African Charter on Human and Peoples’ Rights was established in 1987 to monitor states parties’ compliance with their obligations under the Charter, and to promote the full implementation of the Charter nationally and regionally. Since its establishment, the African Commission has worked with human rights defenders and NGOs in the discharge of its mandates. The Commission has also contributed to the development of human rights jurisprudence, especially in the areas of economic, social and cultural rights.

In addition, more specific instruments such as the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa and the African Charter on the Rights and Welfare of the Child have been adopted. Also adopted is the Protocol to the African Charter on Human and Peoples’ Rights on the establishment of the African Court on Human and Peoples’ Rights. The African Court has now been established, with the entry into force of this Protocol, election of judges and approval of the Court’s budget. The seat of the Court is in Arusha, Tanzania. The African Court will complement the work of the Commission, including by considering individual cases of human rights violations, and will be able to render legally binding and enforceable decisions.

The African Charter provides for NGOs playing an important role in the effective functioning of the African human rights system, in particular the promotional and protective work of the African Commission. For example, the mandate of the African Commission, as set out in the African Charter, includes to: “encourage national and local institutions concerned with human and peoples’ rights” and “co-operate with other African and international institutions concerned with the promotion and protection” of those rights.

Amnesty International has continued to support the work of the African Commission and has repeatedly urged African governments, both when acting individually or collectively through the AU main decision making bodies, to support politically and financially the African Commission so that it is more able to discharge its mandate under the African Charter.

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