Compendium of key human rights documents of the African Union: Third Edition - 2007

Christof Heyns, Magnus Killander

Description

This Compendium contains key documents relating to human rights adopted by the African Union (including NEPAD) and its predecessor, the Organization of African Unity. It also includes a selection of decisions and resolutions of the African Commission on Human and Peoples’ Rights.For the third edition the Compendium has been updated to May 2007. The earlier editions have been widely used by judges, lawyers, civil servants, NGOs and academics alike, in Africa and abroad who have an interest in the African human rights system. It has been published in French and Arabic, and will also be published in Portuguese.This publication of the Centre for Human Rights of the University of Pretoria, South Africa, aims at making the human rights documents of the African Union more accessible and as such increase their impact.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 2007
• Nombre de lectures: 2
• Langue: English
• Poids de l'ouvrage: 3 Mo

Extrait

COMPENDIUM OF KEY HUMAN RIGHTS DOCUMENTS OF THE AFRICAN UNION

Third Edition Editors: Christof Heyns and Magnus Killander

2007

Compendium of Key Human Rights Documents of the African Union (Third 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 Besaans, the Centre for Human Rights

Copyright permission:

Reproductions from theAfrican Human Rights Law Reportswith 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:978-0-9802658-1-1

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FOREWORD

INTRODUCTION

Table of Contents

INSTRUMENTS OF THE AFRICAN UNION

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viii

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 Rights of Women (2003/2005)47 OAU Refugee Convention (1969/1974)57 Cultural Charter (1976/1990)62 African Children’s Charter (1990/1999)62 Convention on the Prevention and Combating of Terrorism (1999/2002)75 Protocol on the Prevention and Combating of Terrorism (2004/)78 African Convention on the Conservation of Nature (Revised) (2003/)80 Convention on Preventing and Combating Corruption (2003/)83 Non-Aggression and Common Defence Pact (2005/)93 African Youth Charter (2006/)94 African Charter on Democracy, Elections and Governance (2007/)108

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)

AU Organogram

120 124

128

131 134 138 140

144

AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS

Rules of Procedure of the African Commission (1995)

Guidelines for National Periodic Reports (1998)

Sample Concluding Observations on a Periodic Report (2001)

Selected Decisions of the African Commission

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148

169

170

172

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) Avocats Sans Frontières v Burundi(2000) AHRLR 48 (ACHPR 2000) Bissangou v Republic of Congocommunication 253/2002 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 Ugandacommunication 227/99 Doebbler v Sudan(2003) AHRLR 153 (ACHPR 2003) Forum of Conscience v Sierra Leone(2000) AHRLR 293 (ACHPR 2000) Huri-Laws v Nigeria(2000) AHRLR 273 (ACHPR 2000) 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) Lawyers for Human Rights v Swazilandcommunication 251/2002 Legal Resources Foundation v Zambia(2001) AHRLR 84 (ACHPR 2001) Ligue Camerounaise des Droits de l’Homme v Cameroon (2000) AHRLR 61 (ACHPR 1997) 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 Africacommunication 255/2002 Purohit and Others v The Gambia(2003) AHRLR 96 (ACHPR 2003) Social and Economic Rights Action Centre (SERAC) and Another v Nigeria(2001) AHRLR 60 (ACHPR 2001) Zegveld and Another v Eritrea(2003) AHRLR 84 (ACHPR 2003) Zimbabwe Human Rights NGO Forum v Zimbabwecommunication

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172

173

175

177 178

181

182

184

186

187

188

190 197

199 199 202 204

206 208

215

216

218 220

225

227

228

231 238 239 239 243

251 262 263

245/2002

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)

Communication Form

269 269 271 272 278 279 279 284 288 311 312 314 315 322 323 324 326

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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)

338

341

344

349

Objectives, Standards, Criteria and Indicators for the APRM (2003)352

CHART OF RATIFICATIONS: AU HUMAN RIGHTS TREATIES

USEFUL WEBSITES

SELECTED BIBLIOGRAPHY

PROFILES University for Peace, Africa Programme Centre for Human Rights, University of Pretoria

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355

361

362

364 364 364

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 third edition of theCompendium of key human rights documents of the African Unionupdated to May 2007.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 and those relating to the African Peer Review Mechanism (APRM) of the New Partnership for Africa’s Development (NEPAD). The earlier editions of the Compendiumhave been 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. Many of the documents reprinted here are also available in the reference workHuman Rights Law in Africa(2004), edited by Christof Heyns and Morné van der Linde, and theAfrican Human Rights Law Reports. These two publications contain many more sources than are reprinted here. For comprehensive coverage of human rights law in Africa, including electronic versions of the two publications mentioned, and for updates on this material, 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. TheCompendiumis a joint publication of the Centre for Human Rights, University of Pretoria (www.chr.up.ac.za) and the University for Peace, in particular its Africa Programme (www.upeace.org). Profiles on both institutions are provided at the end of this publication. ThisCompendiumcompiled at the Centre for Human Rights, with was Christof Heyns and Magnus Killander as editors, with the assistance of Frans Viljoen. The assistance of Karen Stefiszyn, Morné van der Linde and Michelo Hansungule in the compilation of previous editions is gratefully acknowledged. Lizette Besaans formatted the document, supervised the production process and held the whole project together. The organogrammes of the AU were compiled by Karen Stefiszyn and Magnus Killander. Yolanda Booyzen provided IT assistance. The chart of ratifications was compiled by Isabeau de Meyer. Lizette Besaans is the manager of PULP. We are most grateful to Ms Julia Joiner, Commissioner for Political Affairs of the AU, for her warm encouragement and support for this publication, as is reflected in the foreword. This publication was supported by a grant from the Open Society Foundation for South Africa. The 2005 edition of theCompendiumalso available in French and is Arabic, and will also be available in Portuguese.

Christof Heyns Editor Dean and Professor of Human Rights Faculty of Law, University of Pretoria, Pretoria

May 2007

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Magnus Killander Editor Researcher, Centre for Human Rights, University of Pretoria, Pretoria

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 reprinted inHuman Rights Law in Africa2004 p 111 and further. Also available at www.africa-union.org

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. ...