African Commission on Human and Peoples' Rights
Encyclopedia
The African Commission on Human and Peoples' Rights (ACHPR) is a quasi-judicial body
Quasi-judicial body
A quasi-judicial body is an individual or organization which has powers resembling those of a court of law or judge and is able to remedy a situation or impose legal penalties on a person or organization.-Powers:...
tasked with promoting and protecting human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
and collective (peoples') rights throughout the African continent
Africa
Africa is the world's second largest and second most populous continent, after Asia. At about 30.2 million km² including adjacent islands, it covers 6% of the Earth's total surface area and 20.4% of the total land area...
as well as interpreting the African Charter on Human and Peoples' Rights
African Charter on Human and Peoples' Rights
The African Charter on Human and Peoples' Rights is an international human rights instrument that is intended to promote and protect human rights and basic freedoms in the African continent....
and considering individual complaints of violations of the Charter.
The Commission came into existence with the coming into force, on 21 October 1986, of the African Charter (adopted by the OAU on 27 June 1981). Although its authority rests on its own treaty, the African Charter, the Commission reports to the Assembly of Heads of State and Government of the African Union
African Union
The African Union is a union consisting of 54 African states. The only all-African state not in the AU is Morocco. Established on 9 July 2002, the AU was formed as a successor to the Organisation of African Unity...
(formerly the Organisation of African Unity(OAU). Its first members were elected by the OAU's 23rd Assembly of Heads of State and Government in June 1987 and the Commission was formally installed for the first time on 2 November of that year. For the first two years of its existence, the Commission was based at the OAU Secretariat in Addis Ababa
Addis Ababa
Addis Ababa is the capital city of Ethiopia...
, Ethiopia
Ethiopia
Ethiopia , officially known as the Federal Democratic Republic of Ethiopia, is a country located in the Horn of Africa. It is the second-most populous nation in Africa, with over 82 million inhabitants, and the tenth-largest by area, occupying 1,100,000 km2...
, but in November 1989 it relocated to Banjul
Banjul
-Transport:Ferries sail from Banjul to Barra. The city is served by the Banjul International Airport. Banjul is on the Trans–West African Coastal Highway connecting it to Dakar and Bissau, and will eventually provide a paved highway link to 11 other nations of ECOWAS.Banjul International Airport...
, Gambia. (NB: The ACHPR should be distinguished from the African Union Commission, as the OAU Secretariat has been renamed since the creation of the African Union.)
The Commission meets twice a year: usually in March or April and in October or November. One of these meetings is usually in Banjul, where the Commission's secretariat is located; the other may be in any African state.
Composition
The ACHPR is made up of eleven members, elected by secret ballot at the OAU Assembly of Heads of State and Government (subsequently, by the AU's AssemblyAssembly of the African Union
The Assembly of the African Union, which is formally known as the African Union Assembly of Heads of State and Government AU-AHSG, is one of several decision-making bodies within the African Union. The other bodies are the Pan African Parliament, the Executive Council consisting of foreign...
). These members, who serve six-year renewable terms, are "chosen from amongst African personalities of the highest reputation, known for their high morality, integrity, impartiality and competence in matters of human and peoples' rights" (Charter, Article 31) and, in selecting these personalities, particular consideration is given "to persons having legal experience".
The members are to enjoy full independence in discharging their duties and serve on a personal basis (i.e., not representing their home states); however, no member state may have more than one of its nationals on the Commission at any given time. The members choose, from among their own number, a chairperson and a Vice Chairperson, who each serve two-year renewable terms.
| Name | Country of Origin | Position | Elected | Term |
|---|---|---|---|---|
| Catherine Dupe Atoki |  NigeriaNigeria Nigeria , officially the Federal Republic of Nigeria, is a federal constitutional republic comprising 36 states and its Federal Capital Territory, Abuja. The country is located in West Africa and shares land borders with the Republic of Benin in the west, Chad and Cameroon in the east, and Niger in... |
Chairperson | 2011 | 2013 |
| Reine Alapini-Gansou |  BeninBenin Benin , officially the Republic of Benin, is a country in West Africa. It borders Togo to the west, Nigeria to the east and Burkina Faso and Niger to the north. Its small southern coastline on the Bight of Benin is where a majority of the population is located... |
2005 | 2011 | |
| Mumba Malila |  ZambiaZambia Zambia , officially the Republic of Zambia, is a landlocked country in Southern Africa. The neighbouring countries are the Democratic Republic of the Congo to the north, Tanzania to the north-east, Malawi to the east, Mozambique, Zimbabwe, Botswana and Namibia to the south, and Angola to the west.... |
Vice Chairperson | 2005 | 2011 |
| Musa Ngary Bitaye |  The GambiaThe Gambia The Republic of The Gambia, commonly referred to as The Gambia, or Gambia , is a country in West Africa. Gambia is the smallest country on mainland Africa, surrounded by Senegal except for a short coastline on the Atlantic Ocean in the west.... |
Member | 2005 | 2011 |
| Faith Pansy Tlakula |  South AfricaSouth Africa The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans... |
Member | 2005 | 2011 |
| Zainabo Sylvie Kayitesi |  RwandaRwanda Rwanda or , officially the Republic of Rwanda , is a country in central and eastern Africa with a population of approximately 11.4 million . Rwanda is located a few degrees south of the Equator, and is bordered by Uganda, Tanzania, Burundi and the Democratic Republic of the Congo... |
Member | 2005 | 2011 |
| Soyata Maiga |  MaliMali Mali , officially the Republic of Mali , is a landlocked country in Western Africa. Mali borders Algeria on the north, Niger on the east, Burkina Faso and the Côte d'Ivoire on the south, Guinea on the south-west, and Senegal and Mauritania on the west. Its size is just over 1,240,000 km² with... |
Member | 2005 | 2011 |
| Yeung Kam John Yeung Sik Yuen |  MauritiusMauritius Mauritius , officially the Republic of Mauritius is an island nation off the southeast coast of the African continent in the southwest Indian Ocean, about east of Madagascar... |
Member | 2005 | 2011 |
| Lucy Asuagbor |  CameroonCameroon Cameroon, officially the Republic of Cameroon , is a country in west Central Africa. It is bordered by Nigeria to the west; Chad to the northeast; the Central African Republic to the east; and Equatorial Guinea, Gabon, and the Republic of the Congo to the south. Cameroon's coastline lies on the... |
Member | 2010 | 2016 |
| Mohamed Khalfallah |  TunisiaTunisia Tunisia , officially the Tunisian RepublicThe long name of Tunisia in other languages used in the country is: , is the northernmost country in Africa. It is a Maghreb country and is bordered by Algeria to the west, Libya to the southeast, and the Mediterranean Sea to the north and east. Its area... |
Member | 2005 | 2011 |
| Mohamed Fayek |  EgyptEgypt Egypt , officially the Arab Republic of Egypt, Arabic: , is a country mainly in North Africa, with the Sinai Peninsula forming a land bridge in Southwest Asia. Egypt is thus a transcontinental country, and a major power in Africa, the Mediterranean Basin, the Middle East and the Muslim world... |
Member | 2005 | 2011 |
Mandate
The Commission has three broad areas of responsibility:- Promoting human and peoples' rights
- Protecting human and peoples' rights
- Interpreting the African Charter on Human and Peoples' Rights
In pursuit of these goals, the Commission is mandated to "collect documents, undertake studies and researches on African problems in the field of human and peoples, rights, organise seminars, symposia and conferences, disseminate information, encourage national and local institutions concerned with human and peoples' rights and, should the case arise, give its views or make recommendations to governments" (Charter, Art. 45).
With the creation of the African Court on Human and Peoples' Rights
African Court on Human and Peoples' Rights
The African Court on Human and Peoples' Rights was a regional court that was created initially to make judgments on African Union states' compliance with the African Charter on Human and Peoples' Rights....
(under a protocol to the Charter which was adopted in 1998 and entered into force in January 2004), the Commission will have the additional task of preparing cases for submission to the Court's jurisdiction. In a July 2004 decision, the AU Assembly resolved that the future Court on Human and Peoples' Rights would be integrated with the African Court of Justice
African Court of Justice
The African Court of Justice was originally intended to be the “principal judicial organ of the Union” with authority to rule on disputes over interpretation of AU treaties....
. In 2011, the commission has broughts before the African Court on Human and Peoples' Rights a case against Libya.
Special Mechanisms
The Commission has six Special Mechanisms, or Special RapporteurSpecial Rapporteur
Special Rapporteur is a title given to individuals working on behalf of the United Nations within the scope of "Special Procedures" mechanisms who bear a specific mandate from the United Nations Human Rights Council....
s, that address specific human rights issues:
- Extra-judicial, Summary or Arbitrary Executions
- Freedom of Expression
- Human Rights Defenders
- Prisons and Conditions of Detention
- Refugees and Internally Displaced Persons
- Rights of Women
These rapporteurs are highly regarded experts in their field who monitor, investigate and report on allegations of violations in member states of the African Union
African Union
The African Union is a union consisting of 54 African states. The only all-African state not in the AU is Morocco. Established on 9 July 2002, the AU was formed as a successor to the Organisation of African Unity...
.
Working Groups
There are five Working Groups that monitor and investigate various issues under the purview of the Commission:- Working Group on Specific Issues Related to the work of the African Commission
- Working Group on Indigenous Populations/Communities in Africa
- Working Group on Economic, Social and Cultural Rights
- Working Group on the Robben Island Guidelines
- Working Group on the Death Penalty
See also
- African Charter on Human and Peoples' RightsAfrican Charter on Human and Peoples' RightsThe African Charter on Human and Peoples' Rights is an international human rights instrument that is intended to promote and protect human rights and basic freedoms in the African continent....
- African Court on Human and Peoples' RightsAfrican Court on Human and Peoples' RightsThe African Court on Human and Peoples' Rights was a regional court that was created initially to make judgments on African Union states' compliance with the African Charter on Human and Peoples' Rights....
- African Court of JusticeAfrican Court of JusticeThe African Court of Justice was originally intended to be the “principal judicial organ of the Union” with authority to rule on disputes over interpretation of AU treaties....
- Inter-American Commission on Human RightsInter-American Commission on Human RightsThe Inter-American Commission on Human Rights is an autonomous organ of the Organization of American States .Along with the...
- Africa Commission
- List of Linguistic Rights in Constitutions (Africa)
- Linguistic rightsLinguistic rightsLinguistic rights are the human and civil rights concerning the individual and collective right to choose the language or languages for communication in a private or public atmosphere...