Guide to International Human Rights Mechanisms - Brookings

Africa
Regional Mechanisms
AFRICAN.COMMISSION.ON.HUMAN.AND.PEOPLES’.RIGHTS.(AND.
THE.AFRICAN.COURT.ON.HUMAN.AND.PEOPLES’.RIGHTS)
Preliminary Note: It is recommended that applicants considering an individual communication to
the African Commission seek the assistance of a lawyer or an experienced NGO.
Background The African Commission was created by the African Charter on Human and
Peoples’ Rights (AfCHPR) to promote, protect and interpret the rights laid out in that treaty.
It does this through convening seminars and conferences, considering periodic state reports on
their compliance, responding to complaints of violations of the AfCHPR, 68 passing resolutions on
human rights issues of general concern, and providing interpretive opinions about the meaning of
the provisions of the AfCHPR. It is composed of eleven experts elected by African Union (AU)
member states who serve in their individual capacities.
The African Court on Human and People’s Rights was created by a protocol to the AfCHPR,
which recently has come into force. It will consist of eleven judges elected by the member states of
the AU with the power to issue binding judgments in cases concerning rights under the AfCHPR,
its own protocol, and “any other relevant human rights instrument ratified by the states concerned”
as well as advisory opinions on these subjects.
What you can Do You can submit communications to the Commission about violations of your
rights under the AfCHPR by member states. You can also encourage the Commission to undertake
a country visit to investigate and discuss the issues with national authorities. If you represent an
NGO you may seek observer status to attend and make statements at sessions of the Commission
to highlight IDP issues and encourage additional action.
evaluation Article 58 of the AfCHPR indicates that the Commission is empowered to bring
“special cases which reveal the existence of a series of serious or massive violations of human and
peoples’ rights” to the attention of the AU Assembly of Heads of State and Government. However,
the Commission has not interpreted this to prevent it from addressing individual cases and has
therefore not required a showing of widespread or “massive” violations of rights before reporting to
the AU Assembly.
The Commission has addressed IDP issues in a number of ways, including through resolutions and
declarations, the appointment of a Special Rapporteur on Refugees and Displaced Persons (page 161)
and at least one published decision on an individual communication. 69 However, given the enormous
scope of internal displacement in Africa, there is certainly room for more activity in this area.
68 In addition to the individual communications discussed here, the African Charter provides for inter-state complaints to the Commission. This
procedure has only been used once.
69 Social and Economic Rights Action Center v. Nigeria, Communication 155/96, African Commission on Human and Peoples’ Rights
(2001).