The Prohibition of Torture and Ill-treatment in the African Human Rights System:
A HANDBOOK FOR VICTIMS AND THEIR ADVOCATES
Under the AU Constitutive Act, numerous supranational governance structures
have been added to the institutional design of the OAU. Since its inception, the AU
has established a Peace and Security Council (PSC), a Pan-African Parliament (PAP),
an Economic, Social and Cultural Council (ECOSOCC) and accorded a significant
role to the ambassadors of the Member States based in Addis Ababa, in the form
of the Permanent Representatives’ Committee (PRC).
The PSC exists to respond on a continuous basis to conflicts in Africa and to advise
the AU Assembly on matters pertaining to peacekeeping and possible intervention.
The PAP and ECOSOCC are deliberative organs; the PAP consisting of members
of parliament from the AU Member States and ECOSOCC of civil society organisations. At this stage, the PAP only has advisory powers, but its mandate includes
oversight of activities of the AU executive. The PRC meets much more regularly
than the Assembly or the Executive Council and plays an increasingly important role in exploring issues in greater depth and in preparing the agenda of the
Executive Council.
The main human rights bodies are the African Commission, established under
the African Charter, the main human rights treaty in the African system, and
the African Court of Human and Peoples’ Rights. Their main features are now
discussed.
II. The African Charter on Human and Peoples’ Rights
The African Charter21 is the premier instrument governing the protection of human
rights on the African continent.22 The Charter was adopted by the OAU in Nairobi,
Kenya in June 1981 and entered into force five years later, on 21 October 1986. In
March 1999, the African Charter attained full ratification by all African States, with
21
22
22
African Charter, supra note 9.
Since the adoption of the Charter, African States have concluded other treaty instruments for the
protection of human rights in Africa, including the African Charter on the Rights and Welfare of
the Child, adopted by the Assembly of Heads of State and Government of the OAU on 11 July 1990,
Kampala, Uganda,, entered into force on 29 November 1999, OAU Doc. CAB/LEG/24.9/49 [hereinafter
‘ACRWC’]; the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment
of an African Court on Human and Peoples’ Rights, adopted by the 36th Ordinary Session of the
Assembly of Heads of State and Government of the OAU on 9 June 1998, Ouagadougou, Burkina
Faso, OAU/LEG/AFCHPR/PROT (III), reprinted in 6 International Human Rights Reports 891 [hereinafter ‘African Human Rights Court Protocol’], reproduced in full in Annex 3; and the Protocol to
the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, adopted
by the 2nd Ordinary Session of the Assembly of Heads of State and Government of the African
Union, 11 July 2003, Maputo, Mozambique, Assembly/AU/Dec. 14(II) [hereinafter ‘African Women’s
Rights Protocol’].
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