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WHAT IS STRATEGIC LITIGATION?
PRACTICE NOTE 5
STRATEGIC LITIGATION OF ENFORCED
DISAPPEARANCES IN AFRICA
• Regional Advocacy. The African Commission on Human and Peoples’ Rights (ACHPR) is
a regional body that provides opportunities for human rights defenders and civil society
organisations to raise awareness about human rights violations in the respective
countries or in individual cases. States are required to submit regular reports on the
implementation of the African Charter. When the State is being reviewed, NGOs can
submit shadow reports. Further, civil society can also submit written communications
to the ACHPR, including to its special rapporteurs and working groups, which can
directly engage with States and request information. Finally, civil society organisations
with observer status can participate in the ACHPR’s sessions, suggest issues for inclusion
in the agenda, conduct side events, and other advocacy activities. The African Court
of Human and Peoples’ Rights (ACtHPR) is another platform to advance the debate
on enforced disappearance. Civil society organisations can request the Court for an
advisory opinion to interpret international law or provisions of the Charter. Civil society
organisations can also file a complaint of human rights violations but the State against
whom allegations are filed must have consented to the Court’s jurisdiction.
• United Nations Advocacy. Activists should make full use of the international
mechanisms to complement their legal claims. Reports and statements from UN
bodies can be immensely powerful when submitted as evidence in a legal proceeding,
or where their recommendations match the remedies that are asked for in a case.
Additionally, international advocacy can engage the human rights movement to
highlight the situation in a given country and amplify the voices of victims. The UN offers
several opportunities to advocate on behalf of victims of enforced disappearances.
• Treaty bodies, such as the Committee on Enforced Disappearances or the
Committee against Torture, accept individual communications in relation
to States’ parties to the relevant treaties, if those States have accepted the
Committee’s competence to hear such communications. Further, States’
parties are obliged to submit regular reports on the implementation of
the relevant treaties. Civil society can submit information to the treaty
bodies for consideration during the review process. Finally, civil society
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