Compendium of key human rights documents of the African Union

Christof Heyns, Magnus Killander

Description

The year 2011 marked 25 years since the entry into force of the African Charter on Human and Peoples’ Rights (African or Banjul Charter). In 2012, the African Commission on Human and Peoples’ Rights (African Commission) celebrates 25 years since it came into operation in 1987. Since its adoption, the African Charter has been supplemented by the Protocol on the Rights of Women in Africa (Women’s Protocol).All AU member states (with the exception of newcomer South Sudan) have become state party to the African Charter, and 26 of them have accepted the Women’s Protocol.Against the background of the 2011 and 2012 celebrations, the question should be posed to what extent the promises of the Charter and Women’s Protocol have been realised. What has the impact of these instruments been on the practice of state parties?This publication, The impact of the African Charter and Women’s Protocol in selected African states, aims to start addressing this question. Based on research conducted by alumni of the Centre for Human Rights LLM (Human Rights and Democratisation in Africa), the publication consists of nineteen country studies, representing states across the continent.The Centre aims to use this research and, together with the LLM (Human Rights and Democratisation in Africa) Alumni Association, to update and extend the existing research. Anyone with relevant information is invited to contact the Centre or the Alumni Association with relevant information, or to act as a country researcher. See www.chr.up.ac.za for more details.About the editors:Christof Heyns is Professor of Human Rights Law and Director of the Centre for Human Rights, University of Pretoria. Magnus Killander is a researcher at the Centre for Huma Rights, University of Pretoria and is also the co-editor of African Human Rights Law Reports.

Sujets

• Droit
• JUSTICE

Informations

• Publié par: PULP (Pretoria University Law Press)
• Date de parution: 01 janvier 2013
• Nombre de lectures: 0
• EAN13: 9781920538163
• Langue: English
• Poids de l'ouvrage: 1 Mo

Extrait

COMPENDIUM OF KEY HUMAN RIGHTS DOCUMENTS OF THE AFRICAN UNION

Fifth Edition Editors: Christof Heyns and Magnus Killander

2013

Compendium of Key Human Rights Documents of the African Union (Fifth Edition)

Published by: Pretoria University Law Press (PULP) The Pretoria University Law Press (PULP) is a publisher, based in Africa, launched and managed by the Centre for Human Rights and the Faculty of Law, University of Pretoria, South Africa. PULP endeavours to publish and make available innovative, high-quality scholarly texts on law in Africa that have been peer-reviewed. PULP also publishes a series of collections of legal documents related to public law in Africa, as well as text books from African countries other than South Africa.

For more information on PULP, see: www.chr.up.ac.za/pulp

To order, contact: Centre for Human Rights Faculty of Law University of Pretoria South Africa 0002 Tel: [phone] Fax: [phone] [e-mail] www.chr.up.ac.za/pulp

Printed and bound by: ABC Press Cape Town

Cover design: Yolanda Booyzen and Lizette Hermann, the Centre for Human Rights

Copyright permission: Reproductions from theAfrican Human Rights Law Reports (2000-2004)with permission from JUTA, ISSN 1812-2418 and fromHuman Rights Law in Africa (2004) Christof Heyns and Morné van der Linde (eds), ISBN 90 04 13881 1, with permission from Martinus Nijhoff Publishers.

ISBN:978-1-920538-16-3

FOREWORD

INTRODUCTION

Table of Contents

INSTRUMENTS OF THE AFRICAN UNION

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i

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Charter of the Organization of African Unity (1963/1963)2 Treaty Establishing the African Economic Community (1991/1994)4 Constitutive Act of the African Union (2000/2001)4 Protocol on Amendments to the Constitutive Act (2003/)12 Protocol on the Pan African Parliament (2001/2003)14 Protocol on the Peace and Security Council (2002/2003)17 Statutes of the Economic, Social and Cultural Council (2004)26 African Charter on Human and Peoples’ Rights (1981/1986)29 Protocol on the African Human Rights Court (1998/2004)41 Protocol on the Statute of the African Court of Justice and47 Human Rights (2008/) Protocol on the Rights of Women (2003/2005)62 OAU Refugee Convention (1969/1974)72 African Children’s Charter (1990/1999)77 Convention on the Prevention and Combating of Terrorism90 (1999/2002) Protocol on the Prevention and Combating of Terrorism (2004/)92 African Convention on the Conservation of Nature (Revised) (2003/)95 Convention on Preventing and Combating Corruption (2003/2006)98 Non-Aggression and Common Defence Pact (2005/2009)108 Charter for African Cultural Renaissance (2006/)109 African Youth Charter (2006/2009)118 African Charter on Democracy, Elections and Governance (2007/2012)131 AU Convention for the Protection and Assistance of Internally143 Displaced Persons (2009/2012)

Grand Bay (Mauritius) Declaration (1999) Declaration on Unconstitutional Changes of Government (2000) Conference on Security, Stability, Development and Co-operation (2000) Declaration on the Principles Governing Democratic Elections in Africa (2002) Kigali Declaration (2003) Solemn Declaration on Gender Equality in Africa (2004) Guidelines for Electoral Observation Missions (2004) Banjul Declaration (2006)

155 159 163

166

169 173 175 178

AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS

Rules of Procedure of the African Commission (2010)

Guidelines for National Periodic Reports (1998)

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182

213

Guidelines for Reporting on Women’s Protocol (2010)

Concluding Observations on a Periodic Report (2009)

Selected Decisions of the African Commission

List of reprinted decisions by article of the African Charter Achuthan and Another v Malawi(2000) AHRLR 144 (ACHPR 1995) African Institute for Human Rights and Development v Guinea (2004) AHRLR 57 (ACHPR 2004) Amnesty International v Sudan(2000) AHRLR 297 (ACHPR 1999) Article 19 v Eritrea(2007) AHRLR 73 (ACHPR 2007) Avocats Sans Frontières v Burundi(2000) AHRLR 48 (ACHPR 2000) Bissangou v Republic of Congo(2006) AHRLR 80 (ACHPR 2006) Centre for Minority Rights Development (Kenya) and Minority Rights Group International on behalf of Endorois Welfare Council v Kenya(2009) AHRLR 75 (ACHPR 2009) Civil Liberties Organisation v Nigeria(2000) AHRLR 186 (ACHPR 1995) Commission Nationale des Droits de l’Homme et des Libertés v Chad(2000) AHRLR 66 (ACHPR 1995) Constitutional Rights Project and Another v Nigeria(2000) AHRLR 191 (ACHPR 1998) Constitutional Rights Project and Another v Nigeria(2000) AHRLR 235 (ACHPR 1999) Constitutional Rights Project and Others v Nigeria(2000) AHRLR 180 (ACHPR 1995) Constitutional Rights Project and Others v Nigeria(2000) AHRLR 227 (ACHPR 1999) Democratic Republic of the Congo v Burundi, Rwanda and Uganda(2004) AHRLR 19 (ACHPR 2003) Doebbler v Sudan(2003) AHRLR 153 (ACHPR 2003) Egyptian Initiative for Personal rights and Interights v Egypt communication 323/2006 Forum of Conscience v Sierra Leone(2000) AHRLR 293 (ACHPR 2000) Gunme and Others v Cameroon(2009) AHRLR 9 (ACHPR 2009) Huri-Laws v Nigeria(2000) AHRLR 273 (ACHPR 2000) Institute for Human Rights and Development in Africa v Angola (2008) AHRLR 43 (ACHPR 2008) Interights and Others v Botswana(2003) AHRLR 55 (ACHPR 2003) Interights et al v Mauritania(2004) AHRLR 87 (ACHPR 2004) International Pen and Others v Nigeria(2000) AHRLR 212 (ACHPR 1998) Jawara v The Gambia(2000) AHRLR 107 (ACHPR 2000) Katangese Peoples’ Congress v Zaire(2000) AHRLR 72 (ACHPR 1995) Law Office of Ghazi Suleiman v Sudan(I) (2003) AHRLR 134 (ACHPR 2003) Law Office of Ghazi Suleiman v Sudan(II) (2003) AHRLR 144 (ACHPR 2003)

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214

217

222

222 225 226

228

230 237

238 241

255

256

258

259

261

262

263

270 272

274

275 281 284

287 289 291

293 300

301

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Lawyers for Human Rights v Swaziland(2005) AHRLR 66 (ACHPR 2005) Legal Resources Foundation v Zambia(2001) AHRLR 84 (ACHPR 2001) Ligue Camerounaise des Droits de l’Homme v Cameroon (2000) AHRLR 61 (ACHPR 1997) Majuru v Zimbabwe(2008) AHRLR 146 (ACHPR 2008) Malawi African Association and Others v Mauritania(2000) AHRLR 149 (ACHPR 2000) Media Rights Agenda and Others v Nigeria(2000) AHRLR 200 (ACHPR 1998) Ouko v Kenya(2000) AHRLR 135 (ACHPR 2000) Pagnoulle v Cameroon(2000) AHRLR 57 (ACHPR 1997) Prince v South Africa(2004) AHRLR 105 (ACHPR 2004) Purohit and Others v The Gambia(2003) AHRLR 96 (ACHPR 2003) Shumba v Zimbabwecommunication 288/2004 Social and Economic Rights Action Centre (SERAC) and Another v Nigeria(2001) AHRLR 60 (ACHPR 2001) Sudan Human Rights Organisation and Another v Sudan(2009) AHRLR 153 (ACHPR 2009) Zegveld and Another v Eritrea(2003) AHRLR 84 (ACHPR 2003) Zimbabwe Human Rights NGO Forum v Zimbabwe(2005) AHRLR 128 (ACHPR 2005) Zimbabwe Lawyers for Human Rights and Another (on behalf of Medrum) v Zimbabwe(2009) AHRLR 268 (ACHPR 2009)

Resolutions of the African Commission Electoral Process and Participatory Governance (1996) Observer Status for National Human Rights Institutions (1998) Criteria for Observer Status for NGOs (1999) Dakar Declaration on the Right to a Fair Trial (1999) Death Penalty (1999) HIV/AIDS (2001) Principles on Freedom of Expression (2002) Robben Island Guidelines on Torture (2002) Principles and Guidelines on the Right to a Fair Trial (2003) Human Rights Defenders (2004) Refugees (2004) Special Rapporteur on Freedom of Expression (2004) Economic, Social and Cultural Rights in Africa (2004) Status of Women in Africa (2005) Impunity (2005) Terrorism (2005) Darfur (2005) Implementation of Recommendations (2006) Women and Girls Victims of Sexual Violence (2007) Re-appointment of Special Rapporteur on Freedom of Expression (2007) Elections in Africa (2008) Human Rights Situation in The Gambia (2008) Maternal Mortality in Africa (2008) Moratorium on the Death Penalty (2008) Access to Health and Needed Medicines in Africa (2008) Extractive Industries, Environment and Human Rights

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305

310

311

312 313

316

323 324 324 328 335 336

347

350 351

356

359 359 361 362 368 369 369 374 378 401 402 404 405 412 413 414 416 419 420 422

423 424 425 428 429 431

Violations (2009) Advisory Committee on Budgetary and Staff Matters (2009) 432 Transformation of the Focal Point on Rights of Older Persons (2009) 433 Committee of Experts on Rights and Welfare of the Child (2009) 434 Deteriorating Human Rights Situation in The Gambia (2009) 435 Protection of Rights of People Living with HIV (2010) 436 Resolution on Repealing Criminal Defamation Laws in Africa (2010) 437 Resolution on the Safety of Journalists and Media Practitioners in 439 Africa (2011) Resolution on Human Rights Defenders in Africa (2011) 440 Resolution on the expansion of the mandate of the Working group 441 on Death Penalty in Africa (2012) Resolution on the right to adequate housing and protection from 442 forced evictions (2012) Resolution on the Right to Nationality (2013) 443 Resolution on Illicit Capital Flight from Africa (2013) 445

AFRICAN COMMITTEE ON THE RIGHTS AND WELFARE OF THE CHILD

Concluding observations on the state report of Uganda (2011)

IHRDA and OSJI v Kenyacommunication 2/09 (2011)

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454

AFRICAN COURT ON HUMAN AND PEOPLES’ RIGHTS

Rules of Court (2010)

Mtikila v Tanzaniaapplications 9/2011 & 11/2011 (2013)

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481

NEW PARTNERSHIP FOR AFRICA’S DEVELOPMENT

NEPAD Declaration (2001)

Memorandum of Understanding on the APRM (2003)

Declaration on Democracy, Political, Economic and Corporate Governance (2002)

African Peer Review Mechanism: Base Document (2002)

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489

492

497

Objectives, Standards, Criteria and Indicators for the APRM (2003)500

CHART OF RATIFICATIONS: AU HUMAN RIGHTS TREATIES

USEFUL WEBSITES

SELECTED BIBLIOGRAPHY

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Foreword (From first edition)

There is no subject more important than human rights in the search for peace, security and development in Africa and in the world in general. By definition, human rights encompass and touch on practically every aspect of our lives and must be guaranteed, guarded, defended and respected at all times. Respect for human rights provides the foundation upon which rests the political, economic, social and judicial structure of human freedoms. It is vital for the prevalence of peace, security, stability and development; and is also a pre- requisite for the prevention of conflicts and the promotion of a durable and lasting peace in the world. Human rights, human security and human development are interdependent, inter-related and indivisible and, thus, constitute inseparable ingredients in Africa’s quest for prosperity. It is against this background that the African Union (AU) has sought to build on the important foundation laid by the Organisation of African Unity (OAU) to strengthen the continental framework to promote the realisation of human rights in Africa. Since its establishment in 1963, the OAU recognised the intrinsic and sacred values of human and peoples’ rights. In addition to its critical role in eradicating colonialism and apartheid on the African continent, the OAU adopted valuable instruments and decisions in the field of human rights and governance, notable among them the African Charter on Human and Peoples’ Rights. By all accounts, the African Charter on Human and Peoples’ Rights was a progressive statement of applicable human rights norms and standards and went beyond the international human rights regime at the time of its adoption in 1981. The African Charter on the Rights and Welfare of the Child, the Convention Governing the Specific Aspects of Refugee Problems in Africa, the Grand Bay Declaration and Plan of Action, and numerous decisions of the Assembly or Summit constituted the human rights normative framework under the OAU. The OAU also established institutions to promote and protect human rights, prominent among them the African Commission on Human and Peoples’ Rights. Today, the African continent continues to face serious human rights challenges. The 1994 genocide in Rwanda is the most vivid reminder of the urgent need to strengthen our resolve and the mechanisms to achieve human rights for all throughout Africa. Poverty, pervasive conflict, natural disasters and a wide range of other diverse social, economic and political challenges add to the magnitude of the suffering of millions of Africans and underscore the imperative to redouble efforts at all levels. Building on the legacy of the OAU, the pursuit of human rights in Africa was placed at the centre of the mission and commitment of the AU to ‘take up the multifaceted challenges that confront our continent and peoples in the light of the social, economic and political changes taking place in the world’. Prominent among the objectives outlined in the Constitutive Act of the AU is to ‘promote and protect human rights in accordance with the African Charter on Human and Peoples’ Rights and other relevant human rights instruments’, and to encourage international cooperation based on the precepts of the Charter of the United Nations and the 1948 Universal Declaration of Human Rights. The guiding principles of the AU also underscore the importance of human rights, more specifically respect for democratic principles, human rights, the rule of law and governance, respect for the sanctity of human life, and the condemnation and rejection of impunity. Beyond these general principles, the promotion and protection of human rights are regarded as integral parts of the mandate of all the main organs of the AU. For example, under article 3(f) of the Protocol Establishing the Peace and Security Council, one of the primary objectives of the Council is to: Promote and encourage democratic practices, good governance and the rule of law, protect human rights and fundamental freedoms, respect for

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the sanctity of human life and international humanitarian law, as part of efforts for preventing conflict. Likewise, the Statute of the recently launched Economic, Social and Cultural Council (ECOSOCC) as well as the Protocol establishing the Pan African Parliament highlight human rights, good governance, democracy, freedoms and social justice as integral parts of the AU’s agenda. Clearly, therefore, the pursuit of human rights is no longer the sole responsibility of the African Commission on Human and Peoples’ Rights, but of the continental body as a whole. From its establishment in 2002, the Commission of the AU has moved expeditiously to translate these laudable objectives and principles into reality. The Commission has placed human rights at the core of its ‘Vision, Mission, and Strategic Plan’ which was adopted by the Summit in Abuja in January 2005. The Commission has a comprehensive agenda that seeks to integrate human rights in all its endeavours and in the process of achieving its vision. In this regard, it has added to the breadth of African human rights instruments and mechanisms for the promotion and protection of human rights, peace and stability, democracy and good governance, and socio- economic development for the effective realisation of the aspirations of the peoples of Africa, including those in the Diaspora. The Protocol on the Rights of Women in Africa, adopted by the Summit in Maputo, Mozambique, in July 2003, is one notable example. The Commission is also actively promoting the increased involvement of civil society organisations in this and other areas, as well as partnerships with other stakeholders in Africa and globally to make human rights a reality in the continent. ThisCompendium of Key Human Rights Documents of the African Union is thus a timely and welcome publication. It brings together in one document, for the first time, all the essential human rights documents of the OAU and the AU, including instruments and mechanisms for the promotion and protection of human rights on the African continent. It also comprises mechanisms such as the African Peer Review Mechanism for making governments responsive and accountable for their actions and declarations. TheCompendiumsheds light on the importance accorded to human rights on our continent and, specifically, on the work of the AU. Perhaps more importantly, it makes the basic documents of the OAU and the AU readily available as a source of information as well as a tool accessible to civil servants, government officials, human rights practitioners, judges, academics and students, and civil society organisations, among others, on the African continent and globally. The full realisation of human rights on the African continent will only materialise when there is widespread knowledge, understanding and awareness of the norms, principles and standards of human rights as well as the institutions designed to promote and protect them. Needless to say, the promotion and protection of human rights is everyone’s responsibility and the best way to have one’s rights protected is to work towards the protection of the rights of others. ThisCompendiumno will, doubt, contribute to the realisation of these goals. The Commission of the AU commends this laudable initiative by the United Nations affiliated University for Peace and the Centre for Human Rights, University of Pretoria, which underscores the role of civil society in the promotion and protection of human rights. It is in line with the space offered to the African peoples to participate in the activities of the AU, including promoting its human rights agenda.

Julia Dolly Joiner Commissioner for Political Affairs African Union

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Introduction

This is the fifth edition of theCompendium of key human rights documents of the African Unionupdated to May 2013.ThisCompendium contains documents on human rights adopted under the auspices of the African Union (AU) and its predecessor, the Organization of African Unity (OAU), including documents adopted by the African Commission on Human and Peoples’ Rights, the African Court on Human and Peoples’ Rights and those relating to the African Peer Review Mechanism (APRM) of the New Partnership for Africa’s Development (NEPAD). The earlier editions of theCompendiumbeen have used widely by judges, lawyers, civil servants, NGOs and academics alike, in Africa and abroad, who have an interest in the African human rights system. For comprehensive coverage of human rights law in Africa, see www.chr. up.ac.za. The titles of documents used in the table of contents have in many cases been abbreviated; the full titles are used as headings in the text. ThisCompendiumwas compiled at the Centre for Human Rights, with the advice of Frans Viljoen. The assistance of Karen Stefiszyn, and Michelo Hansungule in the compilation of previous editions is gratefully acknowledged. Lizette Hermann formatted the document, supervised the production process and held the whole project together. Yolanda Booyzen provided IT assistance. Lizette Hermann is the manager of PULP. This publication was supported by the European Union. The 2013 edition of theCompendiumalso available in French. An is earlier edition is also available in Arabic and Portuguese.

Magnus Killander Editor Senior Lecturer and Head of Research Centre for Human Rights, University of Pretoria, Pretoria

June 2013

Christof Heyns Editor Co-director of the Institute for International and Comparative Law in Africa and Professor of Human Rights Faculty of Law, University of Pretoria, Pretoria

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INSTRUMENTS OF THE AFRICAN UNION