Forced Disappearance of Persons allows the full range of mechanisms of the interAmerican system to deal with violations of the Convention, including all procedures of the Inter-American Court and IACHR. The Inter-American Convention on
the Prevention, Punishment and Eradication of Violence against Women has limited enforcement mechanisms. Article 11 of this Convention allows the InterAmerican Commission of Women to request advisory opinions from the InterAmerican Court. Article 12 of the Convention only allows petitions to be lodged
with IACHR containing complaints of violations of article 7, dealing with the duties
of States parties.
3.
The African system under the African Union
88. The African Charter on Human and Peoples' Rights was adopted by the then
Organization of African Unity in 1981 and entered into force in October 1986.
Under the Charter, the African Commission on Human and Peoples' Rights was
established to promote and protect human rights in Africa. The Commission also
interprets provisions of the Charter and is empowered to receive complaints of
human rights violations from States, individuals and groups. On the basis of such
complaints, the Commission may seek an amicable solution, initiate studies and
make recommendations.
89. In 1997 the African Commission on Human and Peoples’ Rights appointed a
Special Rapporteur on Prisons and Conditions of Detention in Africa to assess
prison conditions and point out the major problems. The Special Rapporteur visits prisons, police and gendarmerie cells, or any other place where people are imprisoned or detained in various African countries in order to obtain information.
He then prepares a report on the visit and submits it to the Government concerned. The Government is invited to make comments and to describe the measures taken to deal with the recommendations of the Special Rapporteur. The reports of the Special Rapporteur and Governments' comments are published by
the African Union.
90. In addition, it is important to note the Protocol to the African Charter on Human
and Peoples' Rights on the Establishment of an African Court on Human and
Peoples' Rights, adopted in 1998. Although the Court is not yet in operation, it is
important to understand some of its functions. The Court may entitle relevant nongovernmental organizations with observer status before the African Commission
on Human and Peoples' Rights, and individuals, to introduce cases directly before
it, in accordance with article 34, paragraph 6, of the Protocol. States parties must
first have made a declaration, however, accepting the jurisdiction of the Court to
receive individual cases concerning them. Furthermore, the Court will complement
the mandate of the Commission.
91. Finally, at its 32nd session in October 2002, the African Commission adopted the
Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel,
Inhuman or Degrading Treatment or Punishment in Africa (The Robben Island
Guidelines). These Guidelines state in clear and concrete terms the measures that
are recommended to African States and other actors in order to prevent torture
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