African Commission on Human and People Rights : Our collective responsibility

Driven by the desire to protect and lead the human development of the African populations, a continental organ, established by Article 30 of the African (Banjul) Charter on Human and Peoples’ Rights: the African Commission on Human and Peoples’ Rights, was created to promote and protect human and peoples’ rights in Africa, a mandate that affects lives, future and expression of millions of Africans.

That collective concern raise interest for commitment, engagement, patriotism and collaboration.

The Commission monitors State compliance with the African Charter, primarily by establishing special mechanisms, considering State reports, carrying out fact-finding and promotional missions to States parties, and adjudicating individual and State complaints under the Charter.

The mandate of the Commission is divided into four main activities: 1) To interpret all provisions of the Charter; 2) To promote human and peoples’ rights; 3) To protect the rights contained in the African Charter. 4) To perform any other task assigned to the African Commission by the Assembly of Heads of State and Government.

For the Promotion of Human and Peoples’ Rights

The promotional function of the Commission is explained in article 45 (1) of the Charter. The main essence of this function is to sensitise the population and disseminate information on human and peoples’ rights in Africa. That is to educate peoples and communities to human rights. As educated people are strong and effective people, useful ffor the develpoment of their communities.

To achieve this, the Commission is mandated under article 45 (1) to ‘collect document, undertake studies and researches on African problems in the field of human and peoples’ rights, organise 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’.

For the Protection of Human and People’s Rights

The second principal functions assigned to the Commission by the African Charter is stipulated in article 45 (2) as: ‘to ensure the protection of human and peoples’ rights under conditions laid down in the present Charter’. Thats is to undertake any action as judicial

The protective mandate, requires the Commission to take measure to ensure that the citizens enjoy the rights contained in the Charter. This entails ensuring that the States do not violate these rights and if they do, that the victims are reinstated in their rights.

To achieve this, the Charter provides for the ‘communication procedure’. This procedure is a complaint system through which an individual, NGO or group of individuals who feel that their right or those of others have been or are being violated, can petition (complain) to the Commission about these violations.

For the Interpretation of the provisions of the Charter

Article 45 (3) of the Charter also mandates the Commission to interpret the provisions of the Charter at the request of a state party, an institution of the AU or an African Organisation recognised by the AU. To date, neither the AU nor a state party to the Charter has approached the Commission for an interpretation of any of the provisions of the Charter.

This structural mechanism embodies the African Commission influence and power to address human rights issues throughout the African continent. This huge tasks could not be fulfilled effectively by the Commission without the support and engagement of Civil Society Organizations which lead the daily work ofr the protection and promotion of human rights. It is a continental concern and a personal task that every citizen on the continent should bear in mind and translate into action for change.

With a clear and concise mandate stated and accepted by the States Parties, the domestication of its mechanisms, acts, reports and recommendations should be integrated into natinoal policies for human rights dimension inclusion in development and growth.

For a sustainable action plan and lasting impact for future generations, it is important to undertake massive awarness campaign about this continental organ and highlight at various level the importance to consider engagement with the African Commission.

History, Challenges, and Achievements of the African Charter on Democracy, Elections and Governance

The African Charter on Democracy Elections and Governance (ACDEG) was adopted on 30 January 2007 as the African Union’s main normative instrument to set standards for better governance across the continent. It came into force in February 2012 after ratification by fifteen (15) States.

The ACDEG is different from previous instruments as it combines, in a holistic manner, the key elements of democracy, human rights and governance. Its objectives are to enhance the quality of elections in Africa, promote human rights, strengthen the rule of law, improve political, economic and social governance, and address the recurrent issues relating to unconstitutional changes of government in the continent. The African Democracy Charter complements the African [Human Rights] Charter by adding the right to democracy, free and fair elections and good governance to the human and peoples’ rights provided for in the African Charter.

It adoption coincided with an overall trend in African politics to demand better democratic governance, including peaceful and credible transfers of power, transparent and accountable exercise of power, and the progressive realisation of the fundamental rights and freedoms enshrined in national and international legal frameworks.

the African continent were facing various challenges including coups d’états, corruption, abuse of state power, and human rights violations. These lasting democratic governance deficits formed the background against which a continental solution was sought to assume collective responsibility and offer new perspectives to improve the African democratic governance landscape, and States domestic politics and elections processes, namely The African Charter on Democracy Elections and Governance.

For its implementation, the Charter foresees a multi-level governance framework. At the continental level, different AU institutions are referred to, including the Assembly; the Executive Council; the PSC; the AU Commission; the African Court on Human and Peoples’ Rights; the African Peer Review Mechanism; the African Commission on Human and Peoples’ Rights; the Pan-African Parliament; the Economic, Social and Cultural Council; and the New Partnership for Africa’s Development. At the regional level, the Regional Economic Communities are are expected to designate focal points for the co-ordination, evaluation, and monitoring of the implementation of the Charter in order to ensure the participation of stakeholders, particularly civil society organisations, in the process.

At the national level, the Charter requires the involvement of government, parliament, judiciary, political parties, electoral bodies, armed and security forces, public administration, public institutions that promote and support democracy and constitutional order, media, private sector, civil society organisations, and citizens.

To what extent has the ACDEG been implemented and the lessons that have been learnt form its application.

Roughly one decade after the adoption of the African Charter on Democracy, Elections and Governance (ACDEG), fascinating developments, challenges and questions have emerged, some of which were arguably not anticipated by its drafters. For example, who envisaged that the ACDEG might become a justiciable instrument before the African Court on Human and Peoples’ Rights? In the wake of popular uprisings in response to gross undemocratic practices, what normative guidance does the ACDEG offer in response to such developments?

While the ACDEG has shown its capacity to impact the behaviour of governments and political leaders in some member states, in others it has arguably had limited influence on the actual state of governance of members States. The level of acceptance, societal ownership and implementation of the ACDEG remains highly uneven, which is one of the key challenges in making the charter’s objectives a reality across Africa.

A wide variety of approaches can be deployed to gauge the effects of the ACDEG, providing an avenue for further research on its effectiveness and challenges in this regard. One of the most instrumental mechanisms to monitor the implementation of the ACDEG – established by the Charter itself – has still not fully been operationalised: the ACDEG state reporting mechanism. This compliance mechanism based on self-reporting by ACDEG State Parties through a multi-actor focal point composed of relevant state and non-state actors would provide more systematic and comprehensive data on various democratic governance areas the ACDEG has an impact on.

Imagining a better future, like Agenda 2063, fundamentally presumes a qualified statement about the state of affairs of the present. To bridge this gap between “the present” and “a better future,” inspiration is generally found in developments in the past. This scrutiny of history allows the identification of factors and processes that produce a transition from one status quo into another. Citizens should be included in domestication and application of the Charter in order to develop concrete incusive governance in Africa.

By achieveing inclusive governance, we would achieve inclusive and sustainable development in Africa. The fndamental question is how do we nfluence democratic governance lamdscape in Africa without Africains themselves.

The Maputo Protocol : a Journey to Equality

Throughout Africa, women and girls face multiple and intersecting inequalities and forms of discrimination. They lag furthest behind on every gender and development indicator for which data is available. The challenges of women and girls in Africa are inter-connected and a complex mix of normative, structural, socio-cultural and operational issues, (as identified since the Beijing Conference through numerous global and regional conventions), and some of which are deepening including the re-negotiation of basic rights to education, health, decision-making. In addition, we continue to see flagrant cases of violence and abuse, including child marriage, female genital mutilation, exploitation of domestic workers, human trafficking among others.

But women are not just victims, they are also labor force, thinkers, doers, change makers and producers of values. There is indeed no doubt as to the leadership, resilience, courage and innovation of women and girls, what is missing, is the requisite infrastructure to support these strengths, the systematic enforcement of progressive legislation to enable them fully enjoy their rights, and the removal of the barriers that inhibit them from reaching their full potentials. African member countries have demonstrated their commitment and are taking important steps to promote gender equality and women’s empowerment by acceding to key international and regional instruments and integrating gender into national policies, planning, programmes and legislative frameworks. In doing so, they thereby recognize the centrality of gender equality to the achievement of socio-economic and political development. Through these actions, they affirm that gender equality and women’s empowerment are not only development goals in their own right, but also means to achieve development results.

Although at a slow pace, there is momentum towards a transformative policy environment that embodies the key principles of international and regional instruments on gender equality and thus informs Africa’s political and development priorities. More specifically, the central role of women and the need to ensure their full and equal participation in all areas is reflected in a number of instruments, both international and regional.

The national reports of the African Gender and Development Index have confirmed that the promotion of gender equality and empowerment remains a major struggle wrapped in a myriad of complex challenges; this should not prevent continued advocacy and struggle for the relevant implementation of those instruments.

It is encouraging to know that the Constitutive Act of the rehabilitated African Union that replaced the Organization of African Unity and the establishment of the African Court on Human and Peoples’ Rights have made it easier for women’s rights defenders to press more openly for the more vigorous implementation of the instruments.

It must be noted that civil society organisations are increasingly active in the promotion of women’s rights, and that States are incorporating this issue into national development policies and strategies.

The new challenges that are emerging at present are : 1) the taking of appropriate measures to ensure women’s representation in decision-making bodies at all levels ; 2) the greater involvement of women in political and activist organizations, the strengthening of women’s capacities in politics (communication in politics, governance, leadership); 3) the mobilization of financial resources allocated to the promotion of gender. Once this trilateral axis has been fully covered, it will be more evident that the promotion and inclusion of women will become a reality in Africa. Women’s rights organisations and coalitions such as Réseau des Femmes Leaders pour la Gouvernance et le Développement should be supported to monitor the implementation of the Protocol. In this regard, they should be financially supported to participate in meetings for the Commission and to prepare shadow reports when country reports are being determined.

The journey of the Maputo protocol is a long and painful strive which should be empowered and not neglected. Women should be kept as core area of concern in policy making around the continent for the five coming decades.

The vision of the Maputo Protocol must continue to be upheld, promoted and forwarded the future generations so that we will realize a fair society in Africa, and beyond, in which women and men, boys and girls, have equal rights under the laws and full enjoyment of their human rights in all aspects and at all stages of their lives.

Author: GBENAGNON JOHN