The Prohibition of Torture and Ill-treatment in the African Human Rights System:
A HANDBOOK FOR VICTIMS AND THEIR ADVOCATES
OAU Assembly, and the Assembly without fail approved the resolutions as part of
the larger reports.
It is not clear on what basis the Commission has included country-specific resolutions in its Activity Reports. They are adopted as part of the Commission’s promotional mandate, and the publication of resolutions therefore does not depend
on ‘authorisation’ by the Assembly. Viewed in this light, the resolutions have been
included merely as a courtesy, to provide the Assembly with a full picture of the
Commission’s work.
In its response to the Commission’s Nineteenth Activity Report, however, the AU
Assembly decided that the Commission must first provide a period of three months
to the States concerned to allow them to present their views on the resolutions.
In addition, the AU Assembly called on the African Commission to ‘ensure that in
future, it enlists the responses of all States Parties to its resolutions and decisions
before submitting them to the Executive Council and/or the Assembly for consideration’. Governments argued that the resolutions, even if they purport to be part of
the Commission’s promotional mandate, amounted to protective measures. Under
the guise of promotional resolutions, the argument continued, the Commission
engages in findings of fact and law that amount to findings (‘decisions’) of violations under the Charter.
The substantive basis for the Assembly decision is not clear, and should be viewed
as a procedural matter. When the State responded, the resolutions and the State response were included in the Commission’s Twentieth Activity Report.577 Resolutions
are also available online through the website of the African Commission.578
XVI. Promotional Visits
As has been pointed out, the promotional role of the Commission is crucial to its
impact and effectiveness. To accomplish this part of its mandate, the Commission
members divide the 53 States parties to the Charter among themselves and undertake occasional visits to these States. The purpose of these missions is to promote
further ratification and implementation of the Charter, as well as to encourage
States that are delayed in their reporting or have failed to submit any report to do
so.579 Despite financial and logistical constraints, Commissioners have made over
forty visits. The current country assignments follow:580
577 ACHPR, 20th Activity Report, EX.CL/279 (IX), adopted at 9th Ordinary Session of AU Executive
Council (25 – 29 June 2006).
578 Resolutions are available online via the ACHPR website at: http://www.achpr.org/search/?t=841.
579 For further information regarding missions see: http://www.achpr.org/mission-reports/about/...
580 ACHPR’s website, “About ACHPR”. Retrieved from: http://www.achpr.org/about/.
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