African Human Rights System
The African System is the youngest of the three judicial or quasi-judicial regional human rights systems, and was created under the auspices of the African Union. Like the Inter-American System (and the European System, as originally designed), it is composed of two entities: a Commission and a Court.
African Court on Human and Peoples’ Rights
Seat: Arusha, Tanzania Instrument: Protocol to ACHPR Operating Since: 2006
The African Court on Human and Peoples Rights (AfCHPR) is a regional human rights tribunal with advisory and contentious jurisdiction concerning the interpretation and application of the African Charter on Human and Peoples’ Rights, which is also referred to as the Banjul Charter. Its jurisdiction extends to those States that have ratified the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights. The AfCHPR decided its first case in December of 2009 and has taken up over two dozen other cases since then.
Complaints against any State that has accepted the Court’s jurisdiction may be referred to the Court by: the African Commission on Human and Peoples’ Rights, States Parties (as respondent or petitioner in a case before the Commission, or on behalf of a individual citizen), and African intergovernmental organizations. As of March 2016, 30 States had accepted the Court’s jurisdiction. These States are: Algeria, Benin, Burkina Faso, Burundi, Cameroon, Chad, Cote d’Ivoire, Comoros, Congo, Gabon, Gambia, Ghana, Kenya, Libya, Lesotho, Mali, Malawi, Mozambique, Mauritania, Mauritius, Nigeria, Niger, Rwanda, Sahrawi Arab Democratic Republic, South Africa, Senegal, Tanzania, Togo, Tunisia, and Uganda. See AfCHPR, Court in Brief.
To see the most recent ratification information, visit the African Union’s Treaties, Conventions, Protocols & Charters webpage.
The Court also has jurisdiction to hear cases instituted by individuals and non-governmental organizations with observer status before the African Commission, provided that the relevant State has made the necessary declaration under Article 34 of the Protocol to allow these complaints, described in Article 5(3). To date, eight States have accepted the Court’s jurisdiction to receive complaints referred by individuals and NGOs; these are: Benin, Burkina Faso, Cote d’Ivoire, Ghana, Malawi, Mali, Rwanda, and Tanzania. In February 2016, Rwanda announced it would withdraw its acceptance of the Court’s jurisdiction over individual and group complaints. The impact of this withdrawal has yet to be determined. [IJRC]
The 11 judges of the court are elected for renewable, six-year terms. The Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights, along with the AfCHPR’s Rules of Court, set out the Court’s functions and operating procedures.
Additionally, the States of the African Union have agreed to establish an African Court of Justice and Human Rights, intended to hear disputes arising under all African Union instruments, including the human rights agreements, and to prosecute individuals for serious international crimes. This new tribunal would replace the African Court on Human and Peoples’ Rights. However, the protocol must be ratified by 15 States before the African Court of Justice and Human Rights comes into being.
African Commission on Human and Peoples’ Rights
Seat: Banjul, The Gambia Instrument: ACHPR Operating Since: 1987
The African Commission on Human and Peoples’ Rights (ACHPR) promotes and protects human rights in the 54 Member States of the African Union, which have all ratified the African Charter on Human and Peoples’ Rights.
The Commission accepts complaints (“communications”) from individuals, groups of individuals, non-governmental organizations, and States concerning alleged violations of the African Charter on Human and Peoples’ Rights.
The ACHPR holds two ordinary sessions a year and may also hold extraordinary sessions upon the request of the Chairperson of the Commission or a majority of Commissioners. During the biannual ordinary sessions, the ACHPR considers periodic reports submitted by States parties, as well as reports from members of the Commission and its Special Mechanisms (rapporteurs, committees and working groups). The Commission also considers reports concerning country visits (“Special Missions”), which are typically dispatched to countries experiencing political or social unrest.
The African Instruments
The Commission and Court are charged with interpreting and applying a number of regional human rights instruments, which include:
- African Charter on Human and Peoples’ Rights (“Banjul Charter”)
- African Charter on the Rights and Welfare of the Child
- Protocol to the African Charter on the Rights of Women
- OAU Convention Governing the Specific Aspects of Refugee Problems in Africa
- Convention for the Elimination of Mercenarism in Africa
- African Union Convention on the Conservation of Nature and Natural Resources
- Bamako Convention on the Ban of the Import of Hazardous Wastes into Africa
- African Union Convention on Preventing and Combating Corruption
- OAU Convention on the Prevention and Combating of Terrorism
- African Union Non-Aggression and Common Defence Pact
- African Charter on Democracy, Elections and Governance
- Guidelines for African Union Electoral Observations and Monitoring Missions
- Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa
- Pretoria Declaration on Economic, Social and Cultural Rights in Africa
- Declaration on Gender Equality in Africa
- Kigali Declaration, 2003
- Resolution on Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in Africa (Robben Island Guidelines), 2008
- Ouagadougou Declaration and Plan of Action on Accelerating Prisons and Penal Reforms in Africa
- Grand Bay (Mauritius) Declaration and Plan of Action, 1999
African Rapporteurs and Working Groups
The African Commission on Human and Peoples’ Rights has established multiple special mechanisms to assist the Commission with the promotion and protection of human rights. The special mechanisms’ mandates extend to all African Union (AU) Member States who are States Parties to the African Charter on Human and Peoples’ Rights. Fifty-three of the 54 AU Member States are States Parties to the Charter, with the exception being South Sudan. The special mechanisms are dedicated to protecting and promoting specific rights or the rights of specific vulnerable groups.
As of October 2014, there are seven Working Groups, five Special Rapporteurships, two Committees, and one Advisory Committee. All of these special mechanisms gather and disseminate information on how different groups of people or specific human rights are being treated throughout the Member States. The special mechanisms use this information to provide States or the Commission with guidance toward effectively securing human rights in Africa.
Each special mechanism has been overseen by one of the Commission’s eleven Commissioners, who undertakes his or her duties on a part-time basis. As of October 2014, each individual appointed as Special Rapporteur or as Chairperson to a Working Group or Committee has been a Commissioner, simultaneously serving on the Commission. Commissioners also serve as members of the Working Groups and Committees, alongside non-Commissioner expert members.
The special mechanisms have a duty to provide the Commission with reports on their activities during each Ordinary Session. In turn, the Commission presents annual Activity Reports to the African Union Assembly that contain information gathered from the special mechanisms, summarizing positive developments and areas of concern regarding human rights in Africa.
As described in greater detail at the links below, each special mechanism has a specific mandate. Generally, special mechanisms may:
- conduct country visits to Member States to investigate the enforcement of human rights;
- make recommendations to Member States to guide them toward the fulfillment of their international obligations;
- lend expertise to the Commission when it is considering communications that concern the special mechanism’s mandate;
- submit annual reports to the Commission detailing its activities;
- propose that the Commission send urgent appeals to Member States regarding imminent human rights violations;
- send letters to State officials requesting information regarding human rights violations;
- analyze States’ domestic laws and their compliance with international standards;
- engage in promotional activities, including seminars, workshops, and expert meetings; and,
- collaborate with civil society organizations and international human rights bodies.
Creation of Special Mechanisms
The African Commission appoints Special Rapporteurs, Chairpersons, and members of the special mechanisms either by consensus or by a vote. See ACommHPR, Rules of Procedure of the African Commission on Human and Peoples’ Rights (2010), Rule 23(2). Typically, the mandate of the special mechanism is originally authorized for two years, and is renewed by the Commission thereafter. The renewals are effectuated through the passing of a resolution. Each special mechanism’s website contains a list of the resolutions that have authorized the continuing mandate for that mechanism.
Committees, Special Rapporteurs, and Working Groups
The following fifteen special mechanisms have been established:
- Advisory Committee on Budgetary and Staff Matters
- Committee on the Protection of the Rights of People Living with HIV (PLHIV) and Those at Risk, Vulnerable to and Affected by HIV
- Committee for the Prevention of Torture in Africa
- Special Rapporteur on Freedom of Expression and Access to Information
- Special Rapporteur on Human Rights Defenders
- Special Rapporteur on Prisons and Conditions of Detention
- Special Rapporteur on Refugees, Asylum Seekers, Migrants and Internally Displaced Persons
- Special Rapporteur on Rights of Women
- Working Group on Communications
- Working Group on Death Penalty and Extra-Judicial, Summary or Arbitrary Killings in Africa
- Working Group on Economic, Social and Cultural Rights
- Working Group on Extractive Industries, Environment and Human Rights Violations
- Working Group on Indigenous Populations/Communities in Africa
- Working Group on Rights of Older Persons and People with Disabilities
- Working Group on Specific Issues Related to the Work of the African Commission
Resources for Victims & Advocates
Decisions of the African human rights bodies can be accessed on the websites of the Commission and Court. However, the most effective tool for researching their caselaw is the Institute for Human Rights and Development in Africa’s Case Law Analyser.
The NGO Forum supports and coordinates civil society engagement with the African Commission, through twice yearly meetings ahead of the Commission’s sessions.
Information on engagement with the African Commission and Court can be found in the Commission’s Guide to the African Human Rights System and Guidelines for the Submission of Communications, as well as in the International Service for Human Rights’ publications, Road map for civil society engagement: State reporting procedure of the African Commission on Human and Peoples’ Rights (2011) and A Human Rights Defenders’ Guide to the African Commission on Human and Peoples’ Rights (2012).