INTRODUCTION
This publication aims to provide an introduction to the African regional human rights system, by presenting an overview of the framework and evolving
norms and jurisprudence of the regional and sub-regional human rights bodies.
Additionally, this Handbook seeks to act as a practical guide for civil society actors
and NGOs by detailing procedures and requirements for utilising the various human rights tools built into the system. In general, this publication will describe
the accomplishments, potential and challenges of this system to deal with the
pervasive problem of torture.
In Part A, the broader African Union (‘AU’) institutional framework within which
the system functions is set out and explained. A basic introduction is then given of the main AU human rights treaty, the African Charter on Human and
Peoples’ Rights (‘African Charter’, ‘the Charter’), and its implementing body, the
African Commission on Human and Peoples’ Rights (‘African Commission’, ‘the
Commission’). In discussing the African Commission, a distinction is drawn between its protective and promotional mandates. The African Court on Human
and Peoples’ Rights (‘African Human Rights Court’, ‘the African Court’), which
supplements the Commission’s protective mandate, is then introduced, before
other AU treaties of relevance to torture are briefly discussed. This second edition
subsequently provides a detailed examination of the mandate, composition, and
jurisprudence of various sub-regional human rights bodies, including Economic
Community of West African States (ECOWAS) Community Court of Justice, East
African Community (EAC) Court of Justice, and the Southern African Development
Community (SADC) Tribunal. This section, importantly, also details the complaint
procedure for accessing each of these human rights bodies.
The main substantive norms of a binding nature are then extracted from the
African Charter and are discussed in the light of the Commission’s interpretation
of these norms in specific cases (in Part B). By examining the jurisprudence of the
Commission, this part examines essential elements of torture and ill-treatment,
such as the requisite threshold distinguishing torture, the treatment of detainees, and the obligations of States to investigate, punish, and avoid practices of
immunity and amnesty. In addition, Part B makes note of the substantive norms
set out regarding the rights of the child and the rights of women. This part also
places emphasis on the means of remedy that are available through these human
rights bodies.
Part C explains the communications procedure in an effort to provide litigators
with practical knowledge about the application procedure to the various regional
and sub-regional bodies. The phases through which an individual petition before
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