Profile: African Commission on Human and Peoples` Rights (ACHPR)

PROFILE: AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS (ACHPR)

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[Contact Details] [Members] [Background] [Mandate]
[Sessions] [Submission of State Reports] [Complaints Procedure] [Commissioners]

Contact Details

Postal address

Kairaba Avenue
PO Box 673
Banjul
The Gambia

Tel: (220) 4392 962/ 4372 070
Fax: (220) 4390 764

Email: [email protected]
Website: www.achpr.org

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Members

The following countries have acceded to the African Charter on Human and Peoples’ Rights (otherwise known as the Banjul Charter). The Charter entered into force in 1986:

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Background

 

The African Commission on Human and Peoples’ Rights (the Commission) is composed of eleven members who are elected by secret ballot by the Assembly of the African Union (AU) for a six-year renewable term. The Commission then elects among its members the Chairperson and Vice-Chairperson for a two-year renewable period. The members of the Commission serve in their personal capacity.

 

The members enjoy full independence in the discharge of their duties, having been chosen from amongst African personalities reputed for their high morality, integrity and impartiality.  In discharging their duties they will also enjoy the diplomatic privileges and immunities provided for in the General Convention on the Privileges and Immunities of the Organization of African Unity.

 

The Chairperson of the African Union Commission appoints the Secretary to the Commission. The Chairperson further provides the staff and services necessary for the effective discharge of the duties of the Commission.

 

The Secretariat of the Commission, which is also the Headquarters of the Commission, is located in Banjul, The Gambia. His Excellency, Sir Dawda Kairaba Jawara, former Head of State of the Gambia officially inaugurated the Headquarters, on Monday 12 June 1989.

 

The Commission is established in terms of article 30 of the African Charter on Human and Peoples’ Rights (otherwise known as the Banjul Charter) within the auspices of the OAU/AU to promote human and peoples` rights and ensure their protection in Africa.

 

The Banjul Charter came into force in 1986 in terms of which Member States of the AU, parties to the Charter recognise the rights, duties and freedoms enshrined in the Charter and undertake to adopt legislative or other measures to give effect to them.

 

The Commission is the implementing mechanism, whose protective mandate is complemented by the African Court on Human and Peoples’ Rights established in terms of the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights.

 

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Mandate

The mandate of the Commission is spelt out under article 45 of the Banjul Charter as follows:

• To promote human and peoples` rights and in particular:
• To collect documents, undertake studies and researches on African problems in the field of human and peoples` rights, organize seminars, symposia and conferences, disseminate information, encourage national and local institutions concerned with human and peoples` rights and, should the case arise, give its views or make recommendations to Governments.
• To formulae and lay down, principles and rules aimed at solving legal problems relating to human and peoples` rights and fundamental freedoms upon which African Governments may base their legislation.
• To cooperate with other African and international institutions concerned with the promotion and protection of human and peoples` rights.
• To ensure the protection of human and peoples` rights under conditions laid down by the Charter and according to the rules provided for in the Rules of Procedure of the Commission.
• To interpret all the provisions of the present Charter at the request of a State Party, an institution of the AU or an African Organization recognized by the AU; and
• To perform any other tasks which may be entrusted to it by the Assembly of Heads of State and Government.

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Sessions

The Commission holds two ordinary sessions per year and may meet, if need be, in extraordinary sessions. The sessions usually last for fifteen days, but are likely to increase as the workload of the Commission increases. The working languages are those of the African Union. The Commission may invite States, specialized institutions; National Human Rights Institutions (NHRIs), NGOs or Individuals to take part in its session.

Items on the agenda deal with, inter alia, on the one hand, the consideration of complaints and periodic reports and on the other hand, with the examination of promotional activities and other matters as may be proposed by the various participants to the proceedings of the Commission, and especially by non governmental organizations.

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Submission of State Reports

In accordance with Article 62 of the African Charter on Human and Peoples` Rights, States Parties to the Charter are required to submit every two years, a report on the legislative or other measures taken, with a view to giving effect to the rights and freedoms recognised and guaranteed by the Charter. 

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Complaints Procedure 

 

The procedure followed by the Commission in considering complaints is of a highly confidential nature. It varies depending on whether the complainant is a State Party to the African Charter on Human and Peoples` Rights or not.

 

If a State Party to the charter has good reasons to believe that another State Party to the Charter has violated the provisions of the latter, it may, either, refer the matter directly to the Commission or be contented with a negotiated settlement, by obtaining, in the latter case, satisfactory explanations or statements from the other State. Otherwise within three months from the date on which the original communication is received by the State to which it is addressed, either State shall have the right to submit the matter to the Commission by addressing a communication to the Chairperson, to the Chairperson of African Union Commission and the State concerned.

 

If a complaint emanates from a person or organisation other than a State Party to the Charter (physical or moral person, private or public, African or international), the matter shall be considered by the Commission at the request of the majority of its members. Moreover, the Commission shall only embark on a substantive consideration of the matter after ensuring that the conditions of admissibility of the complaint have been met.

 

In both cases, the Commission only considers a case after ensuring that all local remedies have been exhausted if any, unless if it is obvious to the Commission that this procedure is unduly prolonged.

 

In any case, the Commission, after studying the complaint and exhausting all means to reach an amicable solution to the matter, submits a report together with such recommendations as it deems useful to the Assembly of Heads of State and Government which takes the final decision.

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Commissioners of the African Commission on Human and Peoples’ Rights

Officer in Charge of the Commission

Mr Robert Wundeh Eno
PO Box 673, Banjul, The Gambia
Tel: (220) 4392 962/ 4372 070
Fax: (220) 4390 764
E-mail: [email protected] / [email protected]