6.3 African Human Rights System: African Union and African Court on Human and Peoples' Rights

The African Union, established in 2002, plays a crucial role in promoting human rights across the continent. Through its various organs and initiatives, the AU works to foster democracy, good governance, and the rule of law, while addressing unique African human rights challenges.

The African Commission and Court on Human and Peoples' Rights are key players in the regional system. These bodies interpret the African Charter, investigate violations, and issue binding judgments, contributing to the development of African human rights jurisprudence and protection mechanisms.

African Union's Human Rights Focus

Organizational Structure and Objectives

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• African Union (AU) established in 2002 as successor to Organization of African Unity (OAU)
• Primary goal promotes unity, solidarity, and cooperation among African states
• Assembly of Heads of State and Government serves as main decision-making body
  • Meets annually to set policies and priorities
• AU Commission functions as executive branch
  • Implements Assembly decisions
  • Manages day-to-day operations

Human Rights Promotion Efforts

• Fosters democratic principles, popular participation, good governance, and rule of law
• Established organs to advance human rights
  • African Commission on Human and Peoples' Rights
  • African Court on Human and Peoples' Rights
• Agenda 2063 outlines long-term development goals
  • Includes human rights protection as key component for prosperous, peaceful continent
• Adopted human rights instruments
  • African Charter on Democracy, Elections and Governance
  • Reinforces commitment to human rights and good governance

African Commission on Human Rights

Mandate and Authority

• Quasi-judicial body established under African Charter on Human and Peoples' Rights
• Promotes and protects human rights in Africa
• Interprets provisions of African Charter
• Investigates human rights violations
• Makes recommendations to state parties
• Receives and considers communications (complaints) from individuals, NGOs, and states
• Conducts fact-finding missions to member states
  • Investigates human rights situations
  • Provides recommendations for improvement

Jurisdiction and Collaboration

• Jurisdiction over 54 AU member states ratifying African Charter
• Issues resolutions, guidelines, and general comments
  • Provides interpretative guidance on African Charter and other human rights instruments
• Collaborates with various organizations to promote human rights
  • National human rights institutions
  • Civil society organizations
  • Regional and international bodies

Significance of the African Charter

Unique Features and Rights Recognition

• Primary human rights instrument of African Union
• Adopted in 1981, entered force in 1986
• Includes collective rights, duties, and economic, social, cultural rights alongside civil and political rights
• Recognizes unique rights
  • Right to development
  • Right to satisfactory environment
  • Right to national and international peace and security
• Emphasizes African values and traditions in human rights interpretation
  • Promotes culturally sensitive approach to human rights protection

Implementation and Influence

• Establishes African Commission on Human and Peoples' Rights as implementing body
• Supplemented by additional protocols
  • Protocol on Rights of Women in Africa (Maputo Protocol)
  • Protocol on Establishment of African Court on Human and Peoples' Rights
• Serves as legal framework for human rights litigation
  • National level
  • Sub-regional level
  • Continental level
• Influences domestic laws and policies across African states

Impact of the African Court

Jurisdiction and Authority

• Established by protocol to African Charter, in force since 2004
• Complements and reinforces functions of African Commission
• Jurisdiction over cases concerning interpretation and application of
  • African Charter
  • Court's Protocol
  • Other relevant human rights instruments ratified by states concerned
• Issues binding judgments against state parties
  • Orders compensation to victims
  • Prescribes measures to remedy human rights violations
• Jurisdiction limited by special declaration requirement
  • States must accept Court's competence to receive cases from individuals and NGOs

Contributions and Challenges

• Developed African human rights jurisprudence through decisions on various issues
  • Freedom of expression
  • Political participation
  • Indigenous peoples' rights
• Faces challenges in enforcing judgments
  • Compliance depends on political will of member states to implement decisions
• Strengthened impact through collaboration
  • National courts
  • Regional economic communities
  • Civil society organizations
• Promotes human rights awareness and implementation across continent