Guide to International Human Rights Mechanisms - Brookings

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Go To Part I II III IV V exhaustion of Domestic remedies There is no requirement of exhaustion of domestic remedies prior to seeking the assistance of the Special Rapporteur. Duplication of Procedures There is no bar to complaints about cases that have been or are currently being addressed by other international human rights mechanisms. Time issues Like other Special Rapporteurs of the African Commission, the Special Rapporteur intervenes in individual cases only in urgent matters. Others are referred to the Commission’s regular complaints procedure (page 156). language and format If possible, communications should be submitted in English or French, but may also be submitted in Arabic or Portuguese. There is currently no questionnaire or guidelines for complaints. She has indicated, however, that complaints should provide the victim’s (and author’s) identity and a thorough description of the events, dates and circumstances in which rights were violated. confidentiality Anonymous complaints are not accepted. However, in transmitting cases to the state party involved, the Special Rapporteur will withhold the name of the victim. Procedure Upon receipt of a complaint, the Special Rapporteur transmits it (without the victim’s name) to the state party to request information and with initial comments on state responsibilities in the circumstances alleged. Upon receipt of the state’s response, she may submit it to the complainant for additional comment and this response may, in turn, be transmitted to the state. She will then report on the comments of both sides and her conclusions and recommendations in her annual report to the Commission. Potential result A complaint may result in a letter to the state concerned by the Special Rapporteur and a report on the case to the full Commission. The Special Rapporteur may also decide to undertake a fact-finding mission (with the state’s permission) to examine large-scale rights problems in prisons. send communications to: Special Rapporteur on Prisons and Prison Conditions in Africa African Commission on Human and Peoples’ Rights Kairaba Avenue P.O. Box 673 Banjul The Gambia Tel: +220 4392 962 Fax: +220 4390 764 E-mail: achpr@achpr.org for more information Regional Mechanisms | Africa Special Rapporteur’s website: www.achpr.org/english/_info/index_prison_en.html Guide to International Human Rights Mechanisms for Internally Displaced Persons and their Advocates 1 8
Go To Part I II III IV V Regional Mechanisms | Africa Malcolm Evans and Rachel Murray, “The Special Rapporteurs in the African System,” in The African Charter on Human and Peoples’ Rights: The System in Practice, 1986-2000 (Malcolm Evans and Rachel Murray, eds., Cambridge University Press, 2002), 280-304. AFRICAN.COMMITTEE.OF.EXPERTS.ON.THE.RIGHTS.AND.WELFARE. OF.THE.CHILD Background The African Committee was established by the African Charter on the Rights and Welfare of the Child (ACRWC) to monitor state compliance and to elaborate and explain that treaty’s requirements. It is composed of eleven members who are elected by the Assembly of Heads of State and Government of the African Union and serve in their individual capacities. The Committee is empowered to consider periodic reports of states parties on their progress in abiding by the ACRWC as well as individual complaints, to undertake investigations, and to provide interpretations of the ACRWC including through “general comments.” What you can Do You can submit a complaint to the ACRWC about violations of the rights of displaced children. You can also suggest that the ACRWC undertake a country visit to investigate large-scale violations. If you represent an NGO you may also send information to the Committee prior to its consideration of state reports and on thematic issues of interest, and you can apply for permission to attend Committee sessions as an observer. evaluation Although the ACRWC entered into force in 1999, the Committee did not have its first meeting until 2002, meeting irregularly since that time. It has been plagued by lack of staff support which has slowed its progress in establishing itself. As of November 2004, no initial state reports or individual complaints had yet been received, and guidelines for individual complaints had not yet been prepared. Much effort is still being directed to increasing the number of states parties to the ACRWC. Nonetheless, this Committee could potentially be of great interest to IDPs, in particular as article 23 of the ACRWC explicitly requires that states provide protection and assistance to displaced children, including assistance in locating parents for unaccompanied children. Inasmuch as guidelines on admissibility for individual complaints have not yet been released, it is recommended that complainants refer to the guidelines of the African Commission on Human and Peoples’ Rights (page 160), but that they not hold back from sending a communication to this Committee even if they do not meet the African Commission’s admissibility requirements. Who may submit communications The ACWRC itself provides that the Committee may receive communications from “any persons, group or non-governmental organization recognized by the Organization of African Unity [now known as the African Union].” competence The Committee may only consider complaints concerning violations of the ACWRC concerning member states. The text of the ACWRC and a ratification chart are available on the Committee’s website at www.africa-union.org/child. Guide to International Human Rights Mechanisms for Internally Displaced Persons and their Advocates 1
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