Universal-MigrationHRlaw-PG-no-6-Publications-PractitionersGuide-2014-eng

MIGRATION AND INTERNATIONAL HUMAN RIGHTS LAW | 303
The African Charter on the Rights and Welfare of the Child (ACRWC) has
established an African Committee of Experts on the Rights and Welfare
of the Child to monitor its implementation by State Parties. 1296 Article 44
ACRWC provides that the Committee “may receive communication, from
any person, group or non-governmental organization recognized by the
Organization of African Unity, by a Member State, or the United Nations
relating to any matter covered by this Charter.” 1297 The Committee is
therefore competent to hear both individual and collective complaints.
v) Mechanisms of indirect access
Individuals cannot directly bring a complaint to the Inter-American
Court of Human Rights or the African Court on Human and Peoples’
Rights. They generally take cases brought by a lower human rights
mechanism (IACHR or ACHPR) or by a State.
For the Inter-American Court of Human Rights only a State Party
and the Inter-American Commission have the right to submit a case
to the Court. 1298 However, in cases before the Court, alleged victims,
their next of kin or their duly accredited representatives are allowed
to participate in the proceedings by submitting pleadings, motions and
evidence, autonomously, throughout the proceedings. They may also
request the adoption of provisional measures. 1299
The African Court on Human and Peoples’ Rights accepts only cases
submitted to the Court by the Commission, the State Party which
has lodged a complaint to the Commission, the State Party against
which the complaint has been lodged at the Commission, the State
Party whose citizen is a victim of human rights violation, and by African
Intergovernmental Organisations. The Court may entitle relevant NGOs
with observer status before the Commission, and individuals to institute
the cases directly before it. 1300 NGOs will therefore need to have previous
approval by the African Commission, while individuals will have to
ask the permission of the Court, most probably on a case-by-case basis.
The Interim Rules of Procedures do not say that the Court “may entitle”,
but that these last two kind of applicants “are entitled” to submit cases
to the Court, suggesting that, in its work, the Court will not unfavourably
exercise discretion on granting locus standi to individuals. 1301 The
1296 Article 32 ACRWC.
1297 Article 44.1 ACRWC.
1298 Article 61.1 ACHR.
1299 See, Article 27, Rules of Procedure of the Inter-American Court of Human Rights, approved
by the Court during its LXXXV Regular Period of Sessions, held from 16 to 28 November
2009 (IACtHR Rules of Procedure).
1300 Article 5, P-ACHPR on African Court.
1301 Article 33, Interim Rules of the Court, done at Arusha, Tanzania, 20 June 2008, entered into
force on 20 June 2008 (ACtHPR Rules of Procedure).