Background Information about the ACHPR
The African Commission on Human & Peoples Rights (ACHPR) was officially inaugurated on the 2nd November 1987 in Addis Ababa, Ethiopia and a few years later a permanent Secretariat was secured for the Commission in Banjul, The Gambia. The establishment of the ACHPR was provided for by the African Charter on Human & Peoples' Rights. This charter came into force on 21st October 1986 after its adoption in Nairobi, Kenya by the Assembly of Heads of States and Governments of the then organisation of African Unity (OAU). The OAU was disbanded in July 2002 and has since been replaced by the African Union (AU).
From decolonisation to human rights protection
The background for an African human rights charter was the growing dissatisfaction among civil society in Africa about the focus of the OAU (established in May 1963). For almost two decades after its creation, the focus of the OAU remained almost entirely on the decolonisation of the continent and the eradication of apartheid. In spite of the OAU's endorsement of the principles of the Universal Declaration on Human Rights of 1948, the promotion and protection of human rights within OAU member states was not a major priority. The priority was political and economic independence, eradication of colonialism and liberation of Africa and eradication of apartheid in South Africa at the expense of individual liberty. Different groups such as the media, the church and NGOs increasingly exerted pressure on the OAU. They criticised the OAU for its double standards as the organisation condemned apartheid in South Africa, while failing to condemn the massive human rights violations committed by some of its own members.
The subsequent adoption of the African Charter on Human and Peoples' Rights, which included the acceptance of a limitation to sovereign national authority (at least on human rights related matters), albeit minimal, was hailed as a significant step for the protection of human rights in Africa by African states.
Composition
The ACHPR is composed of 11 commissioners elected by secret ballot by the Assembly of Heads of States and Governments of the African Union (AU) for a 6-year renewable term.
Mandate & Activities
The mandate of the Commission is to promote and protect human and peoples' rights in Africa and to interpret the African Charter on Human and Peoples' Rights.
The Commission focuses on promotional activities, which includes awareness-raising, fact-finding missions as well as documenting and collecting information relating to human and peoples' rights in Africa. Complaints about human rights abuses are continuously being lodged to the Commission, but the processing of these complaints can take a long time, and there is not yet any mechanism to enforce decisions taken by the Commission. However, there is interest in establishing an African human rights court, and in April 2005, at the 37th session of the ACHPR a resolution was adopted on the establishment of an African court on human and peoples' rights.
 Download the resolution on the establishment of the African Court on Human and Peoples' Rights
Promotional activities carried out by the Commission
· The Commission has in collaboration with NGOs established a Documentation Centre to be used for human rights studies and research.
· It has organised seminars and conferences aimed at promoting human and peoples' rights in Africa.
· It has produced a number of human rights documents relating to the African Commission and circulates them for free.
· Members of the Commission carry out fact-finding missions to specific countries.
· Members of the Commission have been appointed as Special Rapporteurs on Prisons and Conditions of Detention; on the Rights of Women; on Freedom of Expression; on Human Rights Defenders; on Refugees, Asylum Seekers and Internally Displaced Persons; on Arbitrary, Summary and Extra-judicial Executions. These rapporteurs gather documentation on their respective areas, which can be used by the Commission to approach African states, which violate human rights in those fields.
· The Commission has initiated co-operation with other regional and international institutions such as the European Commission and Court on Human Rights, The Inter-American Commission and Court on Human Rights and the UN Human Rights bodies.
· Since 1988 the Commission has been granting observer status to NGOs in order to strengthen its co-operation with them. At its 10th anniversary, over 200 NGOs had been granted observer status, and by April 2005 over 300 NGOs had obtained observer status. The Commission grants a special status, namely 'affiliate status' to National Human Rights Institutions. There are 12 such National Human Rights Institutions affiliated with the Commission (as of April 2005), and the Commission sees them as important partners in promotional activities.
Protection related activities carried out by the Commission
· The African Charter provides for a "Communication Procedure" which is a complaint system through which an individual, NGO or group of individuals can complain to the Commission about human rights violations. A State party can also make a communication to the Commission if another State party is violating any of the provisions in the Charter. The Commission only considers the cases if all local remedies have been exhausted, unless it is obvious to the Commission that this procedure is unduly prolonged. If accepted, the communications are processed by the Commission, which can then make recommendations to the State and to the AU Assembly.
· The Commission has sent missions to several states to investigate allegations of massive and serious human rights abuses. The missions make recommendations to the states concerned as to how to improve the human rights situation.
· Member states are obliged to send the Commission Periodic Reports every two years on the measures they have taken to give effect to the freedoms and rights recognised by the African Charter. The members of the Commission examine these reports, and recommendations are given during the open sessions and state representatives are present to answer queries. These reports can be circulated to all interested groups or individuals, and NGOs or individuals can prepare counter reports or forward questions to the Commission, which can be asked to the state representatives.
More Information
Link to the African Commission on Human & Peoples' Rights
Link to the University of Minnesota's Human Rights Library concerning the African Commission on Human and Peoples' Rights |
