PART A: Background to the African Regional Human Rights System - the Constitutive Act of the African Union.11 The AU Constitutive Act entered into force in 2001, and the African Union formally succeeded and superseded the OAU when its inaugural meeting was held in July 2002. Unlike the OAU Charter before it, the AU Constitutive Act contains explicit commitments on human rights and States Parties thereto undertake to ‘promote and protect human and peoples’ rights in accordance with the African Charter on Human and Peoples’ Rights and other relevant human rights instruments’.12 It establishes a new ‘right of the Union to intervene in Member States pursuant to a decision of the Assembly in respect of grave circumstances, namely: war crimes, genocide, and crimes against humanity’13 as well as the right of Member States to request intervention from the Union to restore peace and security.14 In addition, the treaty commits Member States to the promotion of gender equality;15 promotion of democratic principles, human rights, rule of law, and good governance;16 and to ‘respect for the sanctity of human life’.17 The organs of the African Union, mirroring those of the now defunct OAU, include the AU Assembly (similar to the OAU AHSG), an AU Executive Council (similar to the OAU Council of Ministers), and the AU Commission,18 which replaced the Secretariat of the OAU.19 The position of OAU Secretary-General is replaced with that of the Chairperson of the AU Commission. The Assembly, Executive Council, and AU Commission play a significant role in supporting and reinforcing the effectiveness of regional human rights mechanisms in Africa and implementing regional human rights norms.20 For instance, AU political organs such as the AU Assembly and Executive Council have a treaty responsibility to ensure that States Parties comply with the decisions of the African Commission. 11 12 13 14 15 16 17 18 19 20 The Constitutive Act of the African Union, adopted by the 36th Ordinary Session of the Assembly of Heads of State and Government, 11 July 2000, Lomé, Togo, entered into force on 26 May 2001, CAB/LEG/23.15 [hereinafter ‘AU Constitutive Act’]. Ibid., Article 3(e)-(h). Ibid., Article 4(h). Ibid., Article 4(j). The States Parties to the AU Constitutive Act reject ‘unconstitutional changes of governments’. Ibid., Article 4(p). They also undertake not to allow governments that come to power through unconstitutional means to participate in the activities of the Union. Ibid., Article 30. Ibid., Article 4(l). Ibid., Article 4(m). Ibid., Article 4(o). Ibid., Article 5. Ibid., Article 20. For a description of the organs of the OAU and their functions in the promotion and protection of human rights, see, F. Viljoen, International Human Rights Law in Africa. Oxford University Press: Oxford (2012). 21