for an advisory opinion may be on questions relating the
interpretation of the Convention or any other treaty concerning the
protection of human rights in the Americas as well as the
compatibility of domestic laws with international human rights
treaties (Article 64 ACHR).
Contentious Jurisdiction: The Court has jurisdiction to adjudicate
claims brought against State who have made a declaration
accepting the Jurisdiction of the Court under (Article 62(1) ACHR).
Only the Inter –American Commission and States have the right
bring claims before the Court. Individual complaints must first be
addressed to the Commission, which may refer the claim to the
Court. States may accept the Court’s jurisdiction for a specific period
of time or for specific issues.
The African Union
Key Instruments
52. The African Union is the successor of the Organisation of African Unity
(OAU). The Assembly of the Heads of State and Governments of the
OAU adopted the Constitutive Act that established the African Union
(AU) on 11 July 2000 and this entered into force in May 2001.
53. The principal instrument in the African human rights system is the African
Charter on Human and Peoples’ Rights (ACHPR) (1986). A number of
other treaties have also been adopted including the Protocol on the
Rights of Women in Africa (2003); the Convention on Specific Aspects of
the Refugee Problem in Africa (1969); the African Charter on the Rights
and Welfare of the Child (1990); and the Protocol to the African Charter
on Human and Peoples’ Rights on the Establishment of an African Court
on Human and Peoples’ Rights (1998); and the African Union Convention
for the Protection and Assistance of Internally Displaced Persons in
Africa (2009).
Implementation Mechanism
54. The African Commission and African Court on Human and Peoples'
Rights are the two bodies established to monitor implementation of the
ACHPR.
55. The African Commission is composed of eleven members, who are
elected for a term of six years by the Assembly of the African Union from
a list of persons nominated by States parties to the Charter. It has the
power to:
Receive and examine communications from both individuals
and States alleging violations of the rights in the Charter;
Examine reports from member States;
Interpret provisions in the African Charter upon request by an
AU member state, an AU organ or and African organisation
recognised by the AU.
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