Articles 30 of the African charter provides for
the establishment within the AU an African Commission on Human and people’s rights
as the mechanism to promote human and
people’s rights and ensure their protection in Africa.
The commission consists
of eleven members to be chosen from among African personalities of the
highest reputation known for their high morality, integrity, imperatively and competence
in matters concerning human and people’s rights, preference being given to
persons having legal experience. They verve in their personal capacity.
There
is also provision for the provision for the appointment of a secretary to the
commission to be appointed by the secretary General of the organization of African
unity.
His
main function is to provide for the staff and service necessary for the effective
discharge of the duties of the commission.
The Functions of the commission
- To collect documents, undertake studies and researches, organize seminars, symposia and conferences disseminate information, encourage national and local institutions concerned with human and people’s rights and also in case of need, its views or make recommendation to governments of state parties to the present convention;
- To formulate and lay down principles and rules aimed at solving legal problems concerning human and people’s rights and fundamental freedoms upon which African governments may base their legislation and
- To cooperate with other African and international institutions concerned with the promotion, and protection of human and people’s rights.
- To ensure the protection of human and people’s rights.
- To interpret all the provisions of the charter at the request of a state party institution of the OAU or an African organization recognized by the AU.
To perform any other
task which may be entrusted to it by the Assembly of Heads of States and
Governments
Implementation of the
African Charter
- Reporting procedure: state parties to the African charter have undertaken to submit every two years, beginning from the date of the charter enters into force, a report on the legislative or other measures they have taken to give effect to the rights and freedoms recognized and guaranteed under the charter.
- Inter-state communication: The African charter provides that if a state party has good reasons to believe that another state party has violated the provision of the charter, it may bring the same to the notice of state in writing communication to the same effect shall also be sent to the secretary General of the (AU) and the chairman of the commission. The state party concerned against whom they said communication is sent is required to send a written explanations.
If
the matter is not settled to the satisfaction of the two states parties
concerned bilaterally or through other peaceful procedure within three months from
which the complaint was originally made either state will be entitled to refer
the matter to the commission through the chairman notify the other state
concerned. Fatter in case the state party considers that another state party is
guilty of the violation of the provisions of the African charter, it need not
follow the above procedure and may refer the matter directly to the commission
through the chairman the secretary General of the AU and the
states concerned.
The
commission may ask the states concerned to submit all relevant information
relating to the matter. The states concerned are permitted representation when
their matter is being considered and may make written or oral representation.
It
may be noted here that before dealing with the matter the commission satisfies
itself that before the complaint has been made all local remedies have been
exhausted.
Other communications (including
individuals) African charter provides that the secretary of the commission
shall make a list of communications other than those of state parties before
each session and transmit the same to the members of the commission ought to be
considered by the commission.
The
commission submits report of all its activities to the Assembly of the Heads of
states and Governments.
Measures
All measures taken by the commission
remain confidential until such time as the Assembly of Heads of states and
Government otherwise decide. After considering the report by the Assembly of
heads of States and Governments, the chairman gets the report published.
The
conventions which the commission has done are to obligate the state parties to
submit periodic reports stating the measures they have taken to give effect to
the provisions of the conventions.
The world conference on Human rights
welcoming the adoption by the General Assembly of the declaration on the
protection of all persons from enforced disappearance, calls upon all states to
take effective, legislative, administrative, judicial or other measures to prevent, terminate and punish acts of
enforced disappearances.
The world conference on
Human Rights reaffirms that it is the duty of all states, under any
circumstances to make investigations whenever there is reason to believe that an
enforced disappearance has taken place on a territory under their jurisdiction
and if allegations are confirmed, to prosecute its perpetrators.