PART A: Background to the African Regional Human Rights System
Session’.54 The adoption of the African Commission’s Twenty-Ninth Activity
Report was further delayed in July 2011, along with the Thirtieth Activity Report,
before both were eventually adopted in January 2012.55 In June 2006 the Council
also decided to delay the publication of a decision against Zimbabwe contained
in the Commission’s Twentieth Activity Report,56 and allowed the Zimbabwean
Government another opportunity to comment on the case, although it had already participated in the hearing of the matter.57 The decision was included in
the Twenty-First Activity Report.58 These actions of the Executive Council are indicative of a degree of defensiveness amongst Member States concerning public
criticism of their human rights records.
3.
Promotional Mandate and Special Procedures (Rapporteurs)
Under Article 45 of the Charter, the responsibilities of the African Commission
include promotional work through standard-setting, including the formulation
of ‘principles and rules aimed at solving legal problems relating to human and
peoples’ rights and fundamental freedoms upon which African Governments may
base their legislations’;59 advisory work, including the interpretation of the Charter
‘at the request of a State Party, an institution of the AU, or an African organisation
recognized by the AU’;60 and awareness-raising programs such as conferences,
seminars, and symposia.61
The Commission also receives and considers periodic reports that States Parties
are required to submit under Article 62, as discussed in further detail in Part D.
The Commission monitors State compliance with Charter provisions by receiving
and considering these reports.62
Over time, however, the Commission has taken the initiative to establish other
mechanisms to supplement its initial mandate. One of these mechanisms was the
establishment of the position of Special Rapporteur. The Commission established
and appointed the following Special Rapporteurs and other special mechanisms:
the Special Rapporteur on Extra-Judicial, Summary and Arbitrary Executions in
Africa (in 1994), the Special Rapporteur on Prisons and Conditions of Detention
54
55
56
57
58
59
60
61
62
AU Executive Council, Decision on the Activity Report of the ACHPR, EX.CL/Dec.639(XVIII), paras.4
and 6.
AU Executive Council, Decision on the Activity Report of the ACHPR, EX.CL/Dec.666(XIX).
Ibid.
AU Executive Council, Decision on the Activity Report of the ACHPR, EX.CL/Dec.310(IX), para. 2.
ACHPR, Twenty-First Activity Report, adopted in November 2006, EX.CL/322 (X).
African Charter, supra note 9, Article 45(1)-(b).
Ibid., Article 45(3).
Ibid., Article 45(1)(a).
Ibid., Article 62.
29
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