Compendium of key human rights documents of the African Union - Sixth Edition

Christof Heyns, Magnus Killander

Description

This is the sixth edition of the Compendium of key human rights documents of the African Union updated to August 2016. This compendium 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 the African Committee on the Rights and Welfare of the Child.Due to space constraints only extracts are reprinted of many of the documents. This compendium is by no means comprehensive but includes some key documents of relevance for students of the African human rights system and others interested in its functioning. Extracts from documents related to the New Partnership for Africa’s Development (NEPAD) and the African Peer Review Mechanism (APRM) reprinted in previous editions of this compendium have been left out of this edition. For comprehensive coverage of human rights law in Africa, see www.chr.up.ac.za and the web sites listed at the end of this compendium. The assistance of Frans Viljoen and Lizette Hermann in preparing this edition of the compendium and the financial support of the Norwegian government for its printing is gratefully acknowledged. About the editors:Christof Heyns is Director, Institute for International and Comparative Law in Africa, University of Pretoria.Magnus Killander is a researcher at the Centre for Human 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 2016
• Nombre de lectures: 0
• EAN13: 9781920538552
• Langue: English
• Poids de l'ouvrage: 2 Mo

Extrait

COMPENDIUM OF KEY HUMAN RIGHTS DOCUMENTS OF THE AFRICAN UNION

Sixth Edition Editors: Christof Heyns and Magnus Killander

2016

Compendium of Key Human Rights Documents of the African Union (Sixth 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.pulp.up.ac.za

To order, contact:

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

Printed and bound by: BusinessPrint Centre, Pretoria

Cover design:

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:978-1-920538-55-2

INTRODUCTION

Table of Contents

INSTRUMENTS OF THE AFRICAN UNION

Charter of the Organization of African Unity (1963/1963) Treaty Establishing the African Economic Community (1991/1994) Constitutive Act of the African Union (2000/2001) Protocol on Amendments to the Constitutive Act (2003/) Protocol on the Pan African Parliament (2001/2003) Protocol on the Peace and Security Council (2002/2003) Statutes of the Economic, Social and Cultural Council (2004) African Charter on Human and Peoples’ Rights (1981/1986) Protocol on the African Human Rights Court (1998/2004) Protocol on the Statute of the African Court of Justice and  Human Rights (2008/) Protocol on Amendments to the Protocol on the Statute of the  African Court of Justice and Human Rights (2014/) Protocol on the Rights of Women (2003/2005) OAU Refugee Convention (1969/1974) African Children’s Charter (1990/1999) Convention on the Prevention and Combating of Terrorism (1999/2002) Protocol on the Prevention and Combating of Terrorism (2004/) African Convention on the Conservation of Nature (Revised) (2003/) Convention on Preventing and Combating Corruption (2003/2006) Non-Aggression and Common Defence Pact (2005/2009) African Youth Charter (2006/2009) African Charter on Democracy, Elections and Governance (2007/2012) AU Convention for the Protection and Assistance of Internally Displaced Persons (2009/2012)

Grand Bay (Mauritius) Declaration (1999) Kigali Declaration (2003) Solemn Declaration on Gender Equality in Africa (2004) Guidelines for Electoral Observation Missions (2004) Banjul Declaration (2006) Declaration by the Assembly on the theme of year 2016

vii

2 4 4 12 14 17 26 29 41 47

62

65 75 80 93

96 98

101

111 112 125

137

149 154 158 160 163 165

AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS

Rules of Procedure of the African Commission (2010) Guidelines for National Periodic Reports (1998) Guidelines for state reporting on Women’s Protocol (2010) Concluding Observations and Recommendations on the  Initial Periodic Report of the Republic of Botswana (2009)

iii

168 199 200 203

List of reprinted decisions by article of the African Charter

Selected decisions of the African Commission 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 (2011) AHRLR 90 (ACHPR 2011) Forum of Conscience v Sierra Leone(2000) AHRLR 293 (ACHPR 2000) Gunme and Others v Cameroon(2009) AHRLR 9 (ACHPR 2009) Human Rights Council and Others v Ethiopia [Communication 445/13 (2015)] 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 & Ditshwanelo v Botswana [Communication 319/06 (2015)] Interights and Others 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)

iv

208

211 212

214

216 219

220 223

237

238

240

241

243

244

245

251 253

255

256 262

263 266

270

271 272

275 281

282

Law Office of Ghazi Suleiman v Sudan(II) (2003) AHRLR 144 (ACHPR 2003) 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) The Nubian Community in Kenya v Kenya [Communication 317/06 (2015)] 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) Tembani and Freeth v Angola and Thirteen Others [Communication 409/12 (2013)] 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)

284

287

291

293

294 295

298

305

306 307 308 311 318 320

330

333

334 335

340

Resolutions, guidelines and general comments of the African Commission Observer Status for National Human Rights Institutions (1998) 343 Criteria for Observer Status for NGOs (1999) 344 Principles on Freedom of Expression (2002) 346 Robben Island Guidelines on Torture (2002) 350 Principles and Guidelines on the Right to a Fair Trial (2003) 355 Access to Health and Needed Medicines in Africa (2008) 377 General Comment No. 3 on the African Charter on Human 379 and Peoples’ Rights: The Right to Life (Article 4)

AFRICAN COMMITTEE ON THE RIGHTS AND WELFARE OF THE CHILD

Recommendations and observations sent to the government of the Republic of Uganda on the Initial Implementation Report of the African Charter of the Rights and Welfare of the Child (2010)

Selected decisions of the African Committee IHRDA and OSJI v Kenya(2011) AHRLR 181 (ACERWC 2011)

v

388

394

The Centre for Human Rights (University of Pretoria) and Another v Senegal[Communication 1/2012 (2014)]

401

AFRICAN COURT ON HUMAN AND PEOPLES’ RIGHTS

Rules of Court (2010)

Selected decisions of the African Court Konaté v Burkina Faso, order of provisional measures [Application 004/2013 (2013)] Konaté v Burkina Faso, judgment on merits [Application 004/2013 (2014)] Mtikila v Tanzaniaapplications 9/2011 & 11/2011 (2013) Zongo v Burkina Faso, judgment on reparations [Application 013/2011 (2015)]

CHART OF RATIFICATIONS: AU HUMAN RIGHTS TREATIES

USEFUL WEBSITES

SELECTED BIBLIOGRAPHY

vi

404

423

423

424 428

429

437

438

Introduction

This is the sixth edition of theCompendium of key human rights documents of the African Unionupdated to August 2016. This compendiumcontains 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 the African Committee on the Rights and Welfare of the Child. Due to space constraints only extracts are reprinted of many of the documents. This compendium is by no means comprehensive but includes some key documents of relevance for students of the African human rights system and others interested in its functioning. Extracts from documents related to the New Partnership for Africa’s Development (NEPAD) and the African Peer Review Mechanism (APRM) reprinted in previous editions of this compendium have been left out of this edition. For comprehensive coverage of human rights law in Africa, see www.chr.up.ac.za and the web sites listed at the end of this compendium. The assistance of Frans Viljoen and Lizette Hermann in preparing this edition of the compendium and the financial support of the Norwegian government for its printing is gratefully acknowledged.

September 2016

Magnus Killander Editor Associate Professor and Head of Research Centre for Human Rights, Faculty of Law, University of Pretoria, Pretoria

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

vii

INSTRUMENTS OF THE AFRICAN UNION

2Instruments of the AU

Charter of the Organization of African Unity (1963/1963)

Adopted in Addis Ababa, Ethiopia, on 25 May 1963 and entered into force on 13 September 1963. Replaced in 2001 by the Constitutive Act of the African Union (see below), when the OAU was succeeded by the AU. The full text is available at www.au.int

Excerpts

We, the Heads of African States and Governments assembled in the city of Addis Ababa, Ethiopia,

Convincedthat it is the inalienable right of all people to control their own destiny; Consciousof the fact that freedom, equality, justice and dignity are essential objectives for the achievement of the legitimate aspirations of the African peoples; Consciousof our responsibility to harness the natural and human resources of our continent for the total advancement of our peoples in all spheres of human endeavour; Inspiredby a common determination to promote understanding among our peoples and co-operation among our states in response to the aspirations of our peoples for brotherhood and solidarity, in a larger unity transcending ethnic and national differences; Convincedthat, in order to translate this determination into a dynamic force in the cause of human progress, conditions for peace and security must be established and maintained; Determinedto safeguard and consolidate the hard-won independence as well as the sovereignty and territorial integrity of our states, and to fight against neo-colonialism in all its forms; Dedicatedto the general progress of Africa; Persuadedthat the Charter of the United Nations and the Universal Declaration of Human Rights, to the principles of which we reaffirm our adherence, provide a solid foundation for peaceful and positive co-operation among states; Desirousthat all African states should henceforth unite so that the welfare and well–being of their peoples can be assured; Resolvedto reinforce the links between our states by establishing and strengthening common institutions;

HAVE AGREEDto the present Charter.

Establishment

Article 1 1. The High Contracting Parties do by the present Charter establish an Organization to be known as the Organization of African Unity. 2. The Organization shall include the continental African states, Madagascar and other islands surrounding Africa.

Purposes

Charter of the OAU 3

Article 2 1. The Organization shall have the following purposes: (a) To promote the unity and solidarity of the African states; (b) To co-ordinate and intensify their co-operation and efforts to achieve a better life for the peoples of Africa; (c) To defend their sovereignty, their territorial integrity and independence; (d) To eradicate all forms of colonialism from the continent of Africa; and (e) To promote international co-operation, having due regard to the Charter of the United Nations and the Universal Declaration of Human Rights. 2. To these ends, the member states shall co-ordinate and harmonise their general policies, especially in the following fields: (a) Political and diplomatic co-operation; (b) Economic co-operation, including transport and communications; (c) Educational and cultural co-operation; (d) Health, sanitation and nutritional co-operation; (e) Scientific and technical co-operation; and (f) Co-operation for defence and security.

Principles

Article 3 The member states, in pursuit of the purposes stated in article 2, solemnly affirm and declare their adherence to the following principles: 1. The sovereign equality of all member states; 2. Non-interference in the internal affairs of states; 3. Respect for the sovereignty and territorial integrity of each state and for its inalienable right to independent existence; 4. Peaceful settlement of disputes by negotiation, mediation, conciliation or arbitration; 5. Unreserved condemnation, in all its forms, of political assassination as well as of subversive activities on the part of neighbouring states or any other states; 6. Absolute dedication to the total emancipation of the African territories which are still dependent; 7. Affirmation of a policy of non-alignment with regard to all blocs. ...