PART A: Background to the African Regional Human Rights System
2. Protective Mandate
Aggrieved parties may submit complaints alleging a violation(s) of Charter provisions to the African Commission. Both States46 and non-State entities, including individuals, may initiate cases and communications before the Commission.47 There
is no additional protocol or declaration required to bring States Parties within the
ambit of the Commission’s protective mandate. Article 30 of the Charter creates a
compulsory monitoring mechanism in the form of the African Commission. The
African Commission system is compulsory because States Parties to the Charter
do not have the option of refusing to submit to it.
One State Party to the African Charter may submit a complaint alleging that another State Party is in violation of the African Charter (‘inter-State communication’). So
far, only one inter-State communication has been submitted to the Commission.48
Similar to the other regional human rights bodies, States tend not to use the inter-State complaint mechanism of the African Commission. The second possibility entails the submission of a complaint by any individual or NGO (‘individual
communication’).49
The Commission is a quasi-judicial body. Its decisions do not carry the binding
force of decisions from a court of law, ‘but have a persuasive authority akin to the
opinions of the UN Human Rights Committee’ and Inter-American Commission on
Human Rights.50 However, the Commission, like the African Court, is the authoritative interpreter of the Charter. The Commission can make a finding or declaration
as to a State’s compliance with the Charter and, in the case of a violation, address
recommendations to the State Party to rectify those violations. Through the procedure for considering individual complaints, the Commission has developed significant jurisprudence interpreting the provisions of the Charter, including the right
to be free from torture and other forms of ill-treatment.
The Commission also has special investigative powers with respect to emergency
situations or ‘special cases which reveal the existence of a series of serious and
46
47
48
49
50
Ibid., Articles 47-54; ACHPR, Democratic Republic of the Congo v. Burundi, Rwanda and Uganda, Comm. No.
227/99, 33rd Ordinary Session (29 May 2003). This case is the only inter-State communication so far
registered by the ACHPR.
African Charter, supra note 9, Articles 55-57.
ACHPR, Democratic Republic of the Congo v. Burundi, Rwanda and Uganda, Comm. No. 227/99.
Rules of Procedure, supra note 43, Rule 93(1).
G. J. Naldi, “Future Trends in Human Rights in Africa: The Increased Role of the OAU”, in M. Evans and
R. Murray (eds.), The African Charter on Human and Peoples’ Rights: The System in Practice, 1986-2000, (2002)
1, 10. The UN Human Rights Committee is responsible for monitoring the compliance of States Parties
to the International Covenant on Civil and Political Rights (ICCPR). See ICCPR, adopted and opened for
signature, ratification and accession by General Assembly Resolution 2200A (XXI) of December 1966,
entered into force on 23 March 1976, Part IV.
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