The Prohibition of Torture and Ill-treatment in the African Human Rights System:
A HANDBOOK FOR VICTIMS AND THEIR ADVOCATES
reputation’; who are nationals of States Parties to the Charter ‘known for their high
morality, integrity, impartiality and competence in the field of human and peoples’
rights’;41 and who function in their individual capacities, that is, not as representatives of their Governments or countries. The Charter mandates the Commission
to ‘promote human and peoples’ rights and ensure their protection in Africa’.42
Members of the Commission serve for six years and are eligible for re-election.43
As the eleven Commissioners serve part-time, the permanent secretariat based
in Banjul, The Gambia plays an important role. The Commission’s secretariat is
headed by a Secretary.44 The under-resourcing of the Commission in terms of both
human and financial resources has been criticised by commentators.45
The Commission accomplishes most of its work during two fifteen-day annual
sessions in April/May and October/November. Its mandate requires action to be
taken during sessions (the ‘intersession’). Its sessions are divided into a closed
portion, during which the Commission’s protective mandate is exercised, and a
public portion, in which the Commission’s promotional mandate is fulfilled. In
addition to these ‘ordinary’ sessions, it may also hold ‘extraordinary’ sessions either
at the request of the Chairperson of the African Union Commission or a majority
of the Commission members. Since 2008, the Commission has held at least one
and often two extraordinary sessions per year. Extraordinary sessions have been
held to address particularly concerning situations for human rights. For example,
in the 14th Extraordinary Session, held in 2013, the Commission focused on the
political situation in Mali and in the 8th Extraordinary Session, held in 2010, the
Commission discussed the political coup d’état in Niger.
41
42
43
44
45
26
African Charter, supra note 9, Article 31(1).
Ibid., Article 30.
ACHPR, Rules of Procedure, approved by the African Commission on Human and Peoples’ Rights during
its 47th ordinary session held in Banjul (The Gambia) from 12 to 26 May 2010 [hereinafter, ‘Rules of
Procedure’], Rule 5.
As of this writing, the Commission is made up of the following people: Catherine Dupe Atoki (Nigeria) as
Chairperson; the Vice-Chair is Zainabo Sylvie Kayitesi (Rwanda); the other members are Lucy Asuagbor
(Cameroon), Maya Sahli Fadel (Algeria, Med S.K. Kaggwa (Uganda), Mohamed Bechir Khalfallah
(Tunisia), Pacifique Manirakiza (Burundi), Reine Alapini-Gansou (Benin), Soyata Maiga (Mali), Yeung
Kam John Yeung Sik Yuen (Mauritius), and Faith Pansy Tlakula (South Africa). Their contact details can
be found on the Commission’s web site: www.achpr.org.
For example, see: International Service for Human Rights, ‘African Commission: Week in Perspective’
(April 2013), available at: http://www.ishr.ch/news/african-commission-week-perspective; D. Long
and L. Muntingh,. “The Special Rapporteur on Prisons and Conditions of Detention in Africa and the
Committee for the Prevention of Torture in Africa: The Potential for Synergy or Inertia?” SUR-International
Journal of Human Rights, Vol. 13 (2011); Sheila B. Keetharuth, “Implementation of Decisions of the African
Commission on Human and Peoples’ Rights”, International Human Rights Standards Project of the
University of Bristol (2009).
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