African Commission on Human and Peoples' Rights

African Commission on Human and Peoples' Rights
African Union - supranational union in Africa · Public domain · source
Name	African Commission on Human and Peoples' Rights
Established	1987
Jurisdiction	African Charter on Human and Peoples' Rights
Headquarters	Banjul, The Gambia
Parent organization	Organisation of African Unity; African Union
Languages	English; French; Portuguese
Members	Individual Commissioners

African Commission on Human and Peoples' Rights The African Commission on Human and Peoples' Rights is the primary human rights monitoring organ created under the African Charter on Human and Peoples' Rights to promote and protect rights across Africa and its member states. It operates alongside instruments and institutions such as the African Court on Human and Peoples' Rights, the African Union Commission, the Organisation of African Unity, regional mechanisms like the European Court of Human Rights and the Inter-American Commission on Human Rights, and international actors including the United Nations Human Rights Council and the Office of the United Nations High Commissioner for Human Rights. The Commission’s work intersects with treaties and processes including the Maputo Protocol, the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa, the Monrovia Strategy, the Sirte Declaration, and state obligations under instruments like the Vienna Declaration and Programme of Action.

History and Establishment

Established by the Organisation of African Unity through the African Charter on Human and Peoples' Rights adopted in Nairobi and entered into force in 1986, the Commission held its first session in 1987 in Banjul. Early development involved engagement with actors such as the Commission of Inquiry into Southern Rhodesia, the Committee of Experts on the Rights of the Child in Africa, and civil society networks including Amnesty International and Human Rights Watch. Landmark events and figures that influenced its formation included debates at the United Nations General Assembly, interactions with the International Commission of Jurists, contributions from legal scholars at institutions like University of Dakar and University of Pretoria, and pressure from anti-apartheid movements linked to Nelson Mandela and the African National Congress. Over time, the Commission’s mandate has been shaped by instruments such as the Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights and decisions at summits like the African Union Summit in Sirte.

Mandate and Functions

The Commission’s mandate derives from the African Charter on Human and Peoples' Rights to promote human rights, interpret the Charter, receive communications, and make recommendations to states parties such as Nigeria, Egypt, South Africa, Kenya, and Ethiopia. Its functions include reporting to the African Union Executive Council, advising on legislative harmonization with instruments like the Maputo Protocol and the African Charter on the Rights and Welfare of the Child, conducting promotional missions to countries such as Sudan, Libya, and Morocco, and facilitating cooperation with regional courts including the African Court on Human and Peoples' Rights and the Common Market for Eastern and Southern Africa. The Commission engages with civil society organizations such as Pan African Lawyers Union, Centre for Human Rights (University of Pretoria), and the West African Civil Society Forum, and coordinates with UN entities like the Office of the High Commissioner for Human Rights and the UN Security Council on thematic issues including torture, fair trial, and freedom of expression as reflected in cases involving states like Zimbabwe and Tunisia.

Structure and Membership

Composed of independent commissioners elected by the Assembly of Heads of State and Government of the African Union, the body has included commissioners from countries across the continent such as Algeria, Cameroon, Ghana, Senegal, and Mauritania. The Commission’s Secretariat, based in Banjul, supports activities and liaises with institutions like the African Union Commission in Addis Ababa and the Economic Community of West African States in Abuja. Commissioners have often been prominent jurists, diplomats, and academics linked to universities like Cheikh Anta Diop University, University of Nairobi, Makerere University, and University of Lagos, and professional bodies such as the African Bar Association. Election procedures involve nominations by member states, vetting by organs like the African Union Permanent Representative Committee, and terms guided by the Charter and the African Union Constitutive Act.

Procedures and Working Methods

The Commission receives communications under rules influenced by comparative practice from bodies such as the Inter-American Commission on Human Rights and the European Court of Human Rights. Working methods include thematic reporting, state reporting cycles, urgent appeals, and on-site missions; procedural frameworks draw on manuals from the Office of the High Commissioner for Human Rights and guidelines used by the Committee against Torture. Sessions convene regularly in places like Banjul and occasionally in conjunction with meetings at the African Union Summit and academic fora at institutions such as University of Pretoria and University of Cape Town. The Commission uses enquiry mechanisms akin to those in cases before the European Committee for the Prevention of Torture and collaborates with NGOs including International Federation for Human Rights and Human Rights Watch to develop shadow reports and amicus briefs.

Decisions, Resolutions, and Jurisprudence

The Commission issues resolutions, decisions on communications, and promotional recommendations that have influenced jurisprudence before the African Court on Human and Peoples' Rights, national courts such as the Constitutional Court of South Africa and the Kenya Court of Appeal, and regional instruments including the Maputo Protocol. Notable communications and cases have involved states like Chad, Guinea, Côte d'Ivoire, and Libya and topics such as detention, political participation, and land rights that reference precedents from bodies such as the European Court of Human Rights and the Inter-American Court of Human Rights. The Commission’s decisions have shaped regional standards on issues addressed by tribunals like the Special Court for Sierra Leone and the International Criminal Tribunal for Rwanda.

Relations with African Union and Other Bodies

The Commission maintains formal relations with the African Union Commission, reports to the Assembly of Heads of State and Government, and interacts with organs including the Pan-African Parliament, the African Peer Review Mechanism, and the Permanent Representative Committee. It cooperates with international organizations such as the United Nations, European Union, and Commonwealth Secretariat and regional economic communities like the Economic Community of West African States and the Southern African Development Community on technical assistance, capacity building, and joint missions. Partnerships extend to academic centers such as the Centre for Human Rights (University of Pretoria) and networks like the African Human Rights Law Network.

Criticism, Challenges, and Reforms

The Commission has faced criticism from actors including national governments of Eritrea, Zimbabwe, and Egypt over implementation capacity, resource constraints, and political pressure; civil society groups like Amnesty International and Human Rights Watch have called for stronger follow-up and enforcement mechanisms. Challenges include overlap with the African Court on Human and Peoples' Rights, funding shortfalls from the African Union budget, and procedural delays similar to critiques directed at the Inter-American Commission on Human Rights. Reforms proposed in forums such as the African Union Summit and by experts from University of Pretoria and Oxford University emphasize enhanced cooperation with the African Court, clearer rules of procedure, increased engagement with the Pan-African Parliament, and strengthened links to transitional justice mechanisms like the Truth and Reconciliation Commission (South Africa) and tribunals established after conflicts in Liberia and Sierra Leone.

Category:Human rights in Africa