The Prohibition of Torture and Ill-treatment in the African Human Rights System:
A HANDBOOK FOR VICTIMS AND THEIR ADVOCATES
in Africa (‘SRP,’ in 1996), the Special Rapporteur on the Rights of Women in Africa
(in 1999), the Special Rapporteur on Freedom of Expression in Africa (in 2004), the
Special Rapporteur on Refugees, Asylum Seekers, Migrants and Internal Displaced
Persons in Africa (in 2004), the Special Rapporteur on Human Rights Defenders in
Africa (in 2004) and the Committee on the Protection of the Rights of People Living
with HIV (PLHIV) and Those at Risk, Vulnerable to and Affected by HIV (in 2010).
These mandates are discussed in more detail in Part D.
The Commission also appoints working groups, which are distinct from Special
Rapporteurships in that they consist of one or more Commissioners as well as members of civil society organisations or other experts. Examples of Working Groups of
the African Commission are those on Indigenous Peoples/Communities in Africa,
on the Death Penalty and Extra-Judicial, Summary or Arbitrary Killings in Africa
and the Committee on the Prevention of Torture, which promotes and facilitates the
implementation of the Robben Island Guidelines within Member States.63 The work
of the Committee is discussed in further detail in Part D of this Handbook.
IV. The African Court on Human and Peoples’ Rights
On 3 July 2006, the AU Assembly inaugurated the African Court on Human
and Peoples’ Rights (‘African Human Rights Court’). The concept of the African
Human Rights Court dates as far back as 1961; however there was little political
will amongst OAU Member States to include provisions establishing a court in
the Charter. The original Charter instead provides for the creation of the African
Commission, a non-judicial body argued at the time to be more in line with African
tradition.64 The initiative for the creation of the African Court was spearheaded
by the International Commission of Jurists in 1993.65 The Protocol to the Charter66
establishing an African Human Rights Court was adopted by the OAU in 1998,
but only entered into force in 2004, following its fifteenth ratification. As of 1
November 2013, 26 States have ratified the African Human Rights Court Protocol.67
63
64
65
66
67
30
For further discussion of the Robben Island Guidelines, see “Resolution on Guidelines and Measures
for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment
in Africa” (Robben Island Guidelines), ACHPR/Res.61(XXXII)02 (2002) [hereinafter referred to as ‘The
Robben Island Guidelines’]; Part D, Section XIV(1)(b) The Commission adopted these Guidelines during
its 32nd ordinary session in Banjul, the Gambia, from 17-23 October 2002. The Guidelines are reproduced
in full in Annex 4 to this Handbook.
Dr. A. Zimmerman and J. Baumler, “Current Challenges Facing the African Court on Human and
Peoples’ Rights”, KAS International Reports (July 2010).
Ibid.
See African Human Rights Court Protocol supra note 22.
They are: Algeria, Burkina Faso, Burundi, Côte d’Ivoire, Comoros, Congo, Gabon, The Gambia,
Ghana, Kenya, Libya, Lesotho, Mali, Malawi, Mozambique, Mauritania, Mauritius, Niger, Nigeria,
Rwanda, South Africa, Senegal, Tanzania,Togo, Tunisia and Uganda.
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