Human rights developments in the African Union during 2010 and 2011 (original) (raw)
Related papers
2006
dated 5 April 2005. In crucial aspects, this note verbale mirrors the one issued in 2004 in respect of the nomination of judges to the African Court on Human and Peoples' Rights (AU Doc BC/OLC/66 5/8/Vol V). 237 publicly accessible. This contribution aims to fill this void on the basis of the interviews conducted. Evidently, they are all quite new to their roles, and their answers should be understood as an initial reaction and a reflection on the possibilities of their roles. The newly elected commissioners are Ms Reine Alapini-Gansou (a national of Benin), Mr Musa Ngary Bitaye (a Gambian national), Advocate Faith Pansy Tlakula (a South African national) and Mr Mumba Malila (a Zambian national). They replace Commissioners Chigovera, Chirwa, Dankwa and Johm, from Zimbabwe, Malawi, Ghana and The Gambia, respectively, whose terms expired in 2005. 2 As three of the four outgoing commissioners also served as Special Rapporteurs of the African Commission, their positions became vacant. By opting not to appoint 'outside experts' (non-commissioners) to these positions, the newly constituted Commission stuck to the approach followed by the African Commission in the past. These positions are filled as follows: 3 Commissioner Malila replaces Commissioner Chirwa as Special Rapporteur on Prisons and Conditions of Detention in Africa; Commissioner Alapini-Gansou becomes Special Rapporteur on Human Rights Defenders in Africa in the place of Commissioner Johm; and Commissioner Tlakula follows Commissioner Chigovera as Special Rapporteur on Freedom of Expression in Africa. Commissioner Rezag-Bara takes over as Chairperson of the Working Group on Indigenous Populations/Communities in Africa, while Commissioner Bitaye is appointed a member of that Working Group. Commissioner Tlakula is also a member of the Working Group on Specific Issues Relating to the Work of the African Commission on Human and Peoples' Rights. Commissioners serve in their personal capacities and do not represent their countries. 4 Although the African Charter on Human and Peoples' Rights (African Charter) does not prescribe a particular geographical representation, it is important that the five regions of the AU should be represented in the institutional membership so as to ensure continent-wide involvement.
Journal of African Law, 2012
Within the context of the current debate on the institutional transformation of the African Union (AU), this article examines the position of the chairperson of the AU Commission (Commission). The importance of the Commission chairperson cannot be over-emphasized. As the head of the “engine room” of the AU, it is pertinent that s/he is given the requisite powers to oversee the proper functioning of the secretariat, which would in turn propel the progressive development of African integration. This article argues that the current intergovernmental nature of the AU, where real decision making powers are held by member states, curtails the Commission chairperson from playing a meaningful role in the integration process. It highlights certain fundamental factors for ensuring the relevance of the chairperson. These include the institutional transformation of the AU, a review of the eligibility requirements for the Commission chairperson, a broad-based election process and hybridized func...
Human rights developments in the African Union during 2012 and 2013 : recent developments
African Human Rights Law Journal, 2014
Positive developments in 2012 and 2013 included an increased impetus by the African Commission to reach decisions on petitions submitted to it and measures, such as hearings, to promote the implementation of its decisions. Concerns include the lack of publication of numerous decisions on individual cases and the lack of referral of cases from the Commission to the African Court in 2013. Despite the lack of referrals, the African Court now has a substantial docket and can focus on judicial work rather than the promotional work it has been focusing on over the last few years. The African Union political bodies continue to provide inadequate support, in particular to ensure sufficient staffing of the Commission and ensuring peer pressure in relation to the implementation of findings of the monitoring bodies. Projects such as expanding the mandate of the African Court to become a regional alternative to the International Criminal Court should be shelved until such time that a clear commitment to the existing institutions becomes evident.
Washington and Lee Journal of Civil Rights and Social Justice, 2009
53 OAU members became members of the AU. 9. See id. Art. 23 (describing the imposition of sanctions on Member States). 10. Id. Art. 4(1). 11. See Protocol on Amendments to the Constitutive Act of the African Union, www.africa-union.org (follow the "Documents: Treaties, Conventions & Protocols" hyperlink; then follow "Protocol on Amendments to the Constitutive Act of the African Union" hyperlink) which was adopted on 11 July 2003, in Maputo, Mozambique. See also id. Art. 3(i) (proposing the addition of the objective to "ensure the effective participation of women in decision-making particularly in the political, economic and socioeconomic areas"); id. Art. 6 (substituting the word "Chairman" for "Chairperson"). By 30 June 2009, only 25 states have ratified the amending Protocol, which will only enter into force once two-thirds of members states have become States Parties thereto. 12. See FRANS VIuoEN, INTERNATIONAL HUMAN RIGHTS LAW IN AFRICA 204 (2007) (explaining that the appointment of five female Commissioners was a move towards reaching gender equality). 13. Ellen Johnson-Sirleaf became the first elected female head of state when she took office as President of Liberia January 16, 2005. Id. at 266. 14. Id. 15. Id. 16. See id. at 266-67 (explaining that despite the improvements, the "the two highest office bearers during the first term of appointment were still male"). 17. Id. 18. Id. Although the African Commission was initially all-male, the first female member was elected in 1993 and by 1999 the number grew to four and by 2004 to five. Id. 19. See Protocol to the African Charter on the Establishment of the African Court on Human and Peoples' Rights Art. 12(2), Jan. 25, 2004, available at http://www.africa-union. org/root/au/Documents/Treaties/Text/africancourt-humanrights.pdf [hereinafter African Human Rights Court Protocol] (noting that State Parties should give "due consideration" to gender representation when nominating candidates). If a limited number of female candidates are nominated, as was the case in the nominating process for judges, the AU Assembly was constrained in its ability to make gender-sensitive choices. CITE. 20. See, e.g., VIuOEN, supra note 12, at 433-34 (describing the minor role women played in the nomination and election process). 21. See AU Solemn Declaration on Gender Equality in Africa, in COMPENDIUM OF KEY HuMAN RIGHTs DOCUMENTS OF THE AFRICAN UNION 138 (Christof Heyns & Magnus Killander eds.
The African Charter and Commission on Human and Peoples' Rights; How to Make it More Effective
Netherlands Quarterly of Human Rights, 1993
This contribution discusses how to improve the African system of human and peoples' rights on the basis both of the practice of the African Commission and of a revision of the African Charter in the light of the practice and experience of other regional human rights conventions and bodies. 1 Particular emphasis is put on improvements in the procedure of communications. Furthermore, the role of the African Commission with regard to the move towards democracy and human rights in Africa and the relationship between the Commission and the OAD will be analyzed, and a number of proposals on strengthening the African Charter and the African Commission will be made.' In presenting the actual situation of the African Commission particular attention is given to the results of the 11th and 12th sessions (March and October 1992 respectively) of the African Commission which in respect to some concerns were breaking new ground.' I The African Commission After Five Years The African Charter on Human and Peoples' Rights, adopted by the OAD Assembly of Heads of State and Government in Nairobi in 1981, provides for an ll-member Commission of'African personalities of highest reputation, known for their high morality, integrity, impartiality and competence in matters of human and peoples' rights'. 4 The African Commission, by November 1992, had had five years of existence." This provides an opportunity for introducing its main activities and for a critical look at its achievements and problems" in order to develop some propositions on how to make the African system of human rights more effective. The African Commission on Human and Peoples' Rights is still struggling with some shortcomings which make it difficult for the Commission to make progress. Certain limitations call for a revision of the African Charter. In view of the attention paid to ... Associate Professor of international law, University of Graz, Austria. The author has served the Commission as a consultant during 1990-91 and attended all sessions of the African Commission since its 8th session. 1 Some of the findings contained in this article are preliminary results of a research project on the African Human Rights System in a Comparative Perspective undertaken at the Institute of International Law and International Relations of the University of Graz by the author. 2 This text is partly based on a contribution to the
Human rights developments in the African Union during 2009
African Human Rights Law Journal
The year 2009 witnessed numerous human rights developments on the African continent. The African Union added a treaty on the protection of internally displaced persons to its already robust normative human rights framework. The African Commission reviewed and expanded its working groups, extended its reach to emerging issues, including climate change and the global financial crisis, and adopted reporting guidelines under the African Women's Protocol and a framework document on the abolition of the death penalty in Africa. For its part, the African Court handed down its first judgment, while the African Children's Committee further cemented its role in examining state reports under the African Children's Charter. This note provides an overview of these developments.
ENFORCEMENT OF HUMAN RIGHTS IN AFRICA- A CASE STUDY OF THE AFRICAN COMMISSION ON HUMAN RIGHTS
The African Commission on Human and Peoples’ Rights was set up pursuant to the coming into force of the African Charter on Human and Peoples Rights, saddled with the responsibilities of promoting and enforcing the rights of the African people and further checkmating human rights breaches amongst its member states. This paper will contend that the commission while performing its duties is faced with numerous challenges and setbacks which tend to dissuade it, and which have in fact, hindered the effective actualization of the intendments of the African Charter and the expectations of the African people. A further detailed juxtaposition of the African system with its international counterpart is done which would serve as a benchmark in evaluating the achievements of the African Commission while enforcing human rights in the region in line with international standard and best practice.
Recent developments in the African regional human rights system : recent developments
African Human Rights Law Journal, 2004
The African Commission on Human and Peoples' Rights (African Commission) has a dual mandate, in that it aims at promoting and protecting the rights in the African Charter. Under article 59 of the African Charter on Human and Peoples' Rights (African Charter), measures taken by the African Commission remain confidential until approved by the Organization of African Unity (OAU) Assembly of Heads of State and Government (now the African Union (AU) Assembly). On the basis of this article, the sessions of the African Commission have been divided into public and private (closed) parts. During the public part of a session, the promotional work of the Commission is discussed. This part of the session includes reports by commissioners about their promotional activities, the examination of state reports submitted under article 62 of the Charter, and contributions by non-governmental organisations (NGOs) about their work and oral interventions on burning human rights issues in Africa. ...