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International Law |
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African Union - AU
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African Union - AU
HUMAN RIGHTS DEFENDERS IN AFRICA
1. RESOLUTIONS REGARDING HUMAN RIGHTS DEFENDERS IN AFRICA
o Human Rights Defenders on the Front Line
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o Resolution On The Protection Of Human Rights Defenders In Africa, Done in Banjul, The Gambia on 4 June 2004
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o Resolution on Zimbabwe 7th/03/2004
The International Federation for Human Rights, gathered at its 35th Congress at Quito on March 2004, expresses its deep concern about the situation of human rights defenders in Zimbabwe
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o Women Human Rights Defenders in Africa Resolution, Done in Dakar on 19 November 2004
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2. DECLARATIONS REGARDING HUMAN RIGHTS DEFENDERS IN AFRICA
o Johannesburg Declaration
All-Africa Human Rights Defenders Congress in Johannesburg, 4 November 1998
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3. REPORTS ON HUMAN RIGHTS DEFENDERS IN AFRICA
o Jainaba Johm, 36th Ordinary Session of the African Commission on Human and Peoples’ Rights 23 Nov-7 Dec 2004 Inter-Session Activity Report, Presented by Jainaba Johm within her capacity as Commissioner and also as Special Rapporteur on Human Rights Defenders in Africa, 5pp.
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o Federation of International Leagues on Human Rights. (FIDH) 10 keys to understand and use the African Court on human and people’s rights, November 2004, 116pp.
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o Amnesty International African Commission: Establishment of focal point on human rights defenders a welcome development, Press Release, 12/03/2003.
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4. AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS
The African Commission on Human and People’s Rights (ACHPR) was established by the African Charter on Human and Peoples' Rights and is charged with ensuring the promotion and protection of human and peoples' rights throughout the African continent. The ACHPR has three major functions:
o The promotion of human and peoples' rights Among other things, the ACHPR collects documents, undertakes studies and researches on African problems in the field of human and peoples' rights. The ACHPR can give its views and recommendations on various issues to Governments and formulate and lay down principles and rules aimed at solving legal problems relating to human and peoples' rights. The ACHPR considers State reports on measures taken to implement the African Charter and can initiate institutional co-operation with other African or international human rights institutions.
o The protection of human and peoples' rights The ACHPR is charged with ensuring the protection of human and peoples' rights under the conditions laid down by the African Charter and according to the rules provided for in the Rules of Procedure of the ACHPR. The ACHPR has the power to receive and consider communications from individuals, organizations and inter-State complaints.
o The interpretation of the African Charter of Human and Peoples' Rights The ACHPR has the mandate to interpret all provisions of the African Charter at the request of a State Party, an institution of the African Union or an African organization recognized by the African Union (AU).
5. Commissioner of the African Court on Human and People’s Rights
Contact Details
Contact any of the Special Rapporteurs, Focal Points and Working Groups at:
African Commission on Human and Peoples’ Rights (ACHPR)
90 Kairaba Avenue
PO Box 673, Banjul, The Gambia
Tel.:(+220)392962Fax:(+220)390764
Telex:2346OAUBJLGV
E-mail:achpr@achpr.org
E-mail:idoc@achpr.org
Web site: www.achpr.org
Special Rapporteurs
o Prisons and Conditions of Detention in Africa- Dr Vera Mlangazuwa Chirwa (Malawi)
o Rights of Women in Africa- Dr Angela Melo (Mozambique)
o Special Rapporteur on Human Rights Defenders in Africa: Jainaba Johm
Focal Points
o Human Rights Defenders- Ms Jainaba Johm (Gambia)
o Freedom of Expression in Africa- Mr Andrew Ranganayi Chigovera (Zimbabwe
o Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in Africa- Ms Sanji Mmasenono Monageng (Botswana)
o Refugees and Displaced Persons in Africa- Mr Bahame Tom Mukirya Nyanduga (Tanzania)
Working Groups
o Indigenous Populations / Communities- SE Kamel Rezag-Bara and Mr Andrew Ranganayi Chigovera
6. AFRICAN COURT OF HUMAN AND PEOPLES’ RIGHTS
On January 25th 2004, the African Court of Human and Peoples’ Rights (African Court) was established by the African Union (AU). The African Court was created by the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights (Protocol). The Protocol articulates the need for and the purpose of the African Court:
…the attainment of the objectives of the African Charter on Human and Peoples’ Rights requires the establishment of an African Court on Human and Peoples’ Rights to complement and reinforce the function of the African Commission on Human and Peoples’ Rights.
The Charter, which came into force on October 21, 1986, safeguards civil, political, economic, social and cultural rights – both collective and individual rights. The African Commission on Human and Peoples’ Rights was formed in 1987. The Charter upholds:
§ Right to life and integrity of the person;
§ Right to liberty and security of person;
§ Right to health and education;
§ Right to fair trial; and
§ Freedom from torture, cruel, inhuman or degrading punishment.
The African Court’s jurisdiction extends to cases and disputes concerning the Charter, the Protocol and any other relevant Human Rights instruments ratified by the States Parties.
The Protocol came into force (Art. 34) on January 25, 2004 the 30th day after deposit with the Secretary-General of the African Union of the fifteenth ratification. The following member states had ratified the Protocol as of January 24, 2004:
§ Algeria
§ Burkina-Faso
§ Burundi
§ Comoros
§ Gambia
§ Ivory Coast
§ Lesotho
§ Libya
§ Mali
§ Mauritania
§ Rwanda
§ Senegal
§ South Africa
§ Togo
§ Uganda
Link to status of countries which have signed, ratified, acceded to the African Union convention on protocol to the African Charter on Human and Peoples’ Rights on the establishment of an African Court on Human and Peoples’ Rights:
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The African Court has the jurisdiction to handle cases that violate civil, political, economic, social and cultural rights. Under the Protocol, a party will have choice of legal representation before the court. The Protocol recommends free legal representation and provides for the protection of any individual, witness or party in appearing before the court, without fear of retribution.
The African Court will begin operation once Member States select a host country and eleven judges have been appointed. Judges will be nominated and elected by the Executive Council or Member States of the African Union. Judges will be officially appointed by the Assembly of Heads of State and Government and each may serve up to a maximum of two six-year terms. Nominations from 10 States Parties were submitted in April 2004.
The appointment of judges is mandated to ensure fair representation of gender, regions and legal traditions.
7. Merging of the African Court on Human and Peoples’ Rights and the Court of Justice
In July 2004 the 3rd Ordinary Session of the Assembly of Heads of State and Government of the African Union adopted a resolution concerning the seats of the organs of the African Union and establishing integration of the African Court on Human and Peoples’ Rights and the Court of Justice into one Court. The driving factors include inadequate financial and personnel resources for the two courts and the desire to avoid the situation experienced by the European system in which decisions of the European Court of Human Rights and European Court of Justice result in two independent sets of human rights jurisprudence. The resolution does not suspend the obligations of the States already party to the Protocol establishing the African Court.
The 5th Ordinary Session of the Assembly of the African Union; held in Sirte, Libya, from 4 to 5 July 2005 further decided that:
§ A draft legal instrument relating to the establishment of the merged court comprising the Human Rights Court and the Court of Justice should be completed for consideration by the next ordinary session of the Executive Council and the Assembly; and,
§ That all necessary measures for the functioning of the Human Rights Court be taken, including: the election of the judges, the determination of the budget and the operation of the registry; and,
§ That Member states of the Eastern Region serve as the seat of the Court until the merger.
It appears that the seat of the Court will be in Arusha, Tanzania once the International Tribunal for Rwanda (ICTR) ceases its operations there, although no official decision has been made.
8. Jurisdiction of the African Court
According to Article 3, (Jurisdiction), of the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights,
the jurisdiction of the Court shall extend to all cases and disputes submitted to it concerning the interpretation and application of the Charter, this Protocol and any other relevant Human Rights instrument ratified by the States concerned. In the event of a dispute as to whether the Court has jurisdiction, the Court shall decide.
The following have direct access to the court for human rights violations (Article 5 of the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights):
§ African Commission;
§ State Party that has filed a complaint to the African Commission;
§ State Party against which a complaint has been filed to the African Commission;
§ the State whose citizen is a victim of human rights violations; and
§ African Intergovernmental Organizations.
The African Court is responsible for the following legal functions or jurisdictions:
§ Adjudicatory – The African Court can rule when a member state has violated any Charter right(s), the protocol of the court, or other human rights instruments ratified by the member state. In these cases, the court is able to make a decision that includes compensation.
§ Contentious Jurisdiction – This allows for the usual jurisdiction of a human rights court or international tribunal in handling contentious disputes.
§ Advisory Jurisdiction – Under the Protocol, the court may be requested to provide an opinion on any legal matter regarding the African Charter or other human rights instruments by the African Union, its member state(s), or an African organization. This can be requested for any legal, relevant matters not being examined by the African Commission at the time.
9. Link to the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights
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10. Finding Information
For additional information and resources on human rights in Africa and internationally, see the following:
· African Unification Front
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· Amnesty International
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· Access to Rights – Human Rights Documentation Centre
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· BBC News
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· D’Angelo Law Library, University of Chicago
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· Human Rights House Network
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· Human Rights Research and Education Centre
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· Institute for Human Rights and Development in Africa
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· International Law Links
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· International Work Group for Indigenous Affairs
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· Project on International Courts and Tribunal
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· Research in International Relations and International Law, Tufts University
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· University of Minnesota, Human Rights Library
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· United Nations – Human Rights
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· United Nations Foundation
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· UN Office for the Coordination of Humanitarian Affairs
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