CHAPTER ONE

1.1 BACKGROUND TO THE STUDY

The African Commission of Human and Peoples Rights are tasked with promoting and protecting human rights by interpreting the African Charter on Human and Peoples Rights and considering individual complaints. The African Commission of Human and Peoples Rights, hereinafter referred to as (the Commission), was established under Article 30 of the African Charter of Human and Peoples Rights, hereinafter to be referred as (the Charter), to promote human and people’s rights and ensure their protection in Africa. The Commission became operational on the 21 of October 1986, but was officially inaugurated on the 2 of November 1987, in Addis Ababa, Ethiopia, after its members had been elected in July of the same year by the OAUs (Organization of African Union Assembly of Head of States and Government. The Commission reports to the Head of States and Government of the African Union. [1]

 For almost two decades after the creation of the Organization of African Unity (OAU), in May 1963, the focus of the Organization remained almost entirely on the decolonization of the continent and the eradication of apartheid. However, in spite of the Organizations endorsement of the principles of the Universal Declaration on Human Rights of 1948 as contained in the preamble of the OAU Charter, the promotion and protection and protection of human rights within the OAU members states was however not a major priority. In fact, it concentrated its efforts on political and economic developments, non-discrimination, and the liberation of Africa, the eradication of colonialism on the continent and also apartheid in Southern Africa, all at the expense of individual liberty.[2]

More so, in the early days of its creation, (OAU), different groups such as the Media, the Church, inter-governmental and non-governmental organizations (NGOs), started mounting pressure on the OAU by exposing some of the most unpleasant human rights abuses on the continent. These groups accused the Organization of abandoning its primary goal of restoring dignity to the humiliated African peoples. The Organization was also accused of double standards for condemning apartheid in South Africa while, it failed to condemn the massive human rights violations that were committed by some of its own members.[3]

At the same time, these pressure groups were encouraging the establishment of a human rights protection mechanism on the continent. Thus, starting from the Lagos Conference organized by the International Commission of Jurists (ICJ), IN 1961 to the 1979 UN sponsored Monrovia Seminar on the Establishment of Regional Commissions on Human Rights with Special Reference to Africa, pressure and assistance were however simultaneous to ensure that, the OAU and its leaders uphold the spirit that motivated the struggle for political independence to restore to the African peoples their dignity that was lost during slavery and the slave trade, and colonial eras; a cause for which they won international sympathy and support.

Furthermore, in July 1979, the OAU Assembly of Head of State and Government met in Monrovia, Liberia, and decided to place its members under international obligations, through a positive approach. In this light, a resolution was adopted, calling on the OAU Secretary General to form a committee of experts which would draft an African Charter on Human and Peoples Rights, providing[4] among other things, for mechanisms to promote and protect the rights as embodied in the Charter. With this, the group of experts began work on a draft Charter in 1979, and produced a draft which was unanimously adopted at a meeting of the OAU Head of States and Government in Nairobi, Kenya. The Charter in its Article 30, provides for a Human Rights Commission in Africa, so as to ensure the implementation of the rights as enshrined therein.

The acceptance of a limitation on sovereign national authority, at least on human rights related matters, regardless of the fact that it was minimal, was hailed as a significant step by African States. The move was generally seen as ushering in a new era of recognition of individuals rights as contained in the Universal Declaration of Human Rights. On the 21 of October 1986, the Charter came into force and this date has been declared, and is being celebrated as an African Human Rights Day. It is by virtue of Article 30 of this charter that the African Commission on Human and Peoples Rights was established. The Commission did not have a permanent Secretariat after its establishment and thus, for the first five sessions, its activities were coordinated from the OAU General Secretariat in Addis Ababa[5]. Today, the Commission is located in Banjul, The Gambia. The Commission is made up of 53 Member States of the African Union all except South Sudan and; is composed of 11 human rights experts of high moral standing, chosen from a list of names that was submitted by African States. These experts however act not as state representatives, but in their own individual capacity and are elected to serve on the Commission for renewable six year periods. The Commission elects it’s Chair and [6]Vice chair persons. It meets twice a year; usually in March or April and in October or November. The sessions usually last for ten days, but are likely to increase, as the workload of the Commission increases.

1.2 STATEMENT OF THE PROBLEM

There is a good enforcement mechanism of human and people’s rights both at the international and national level. Africa has a good legal framework for the promotion and protection of these rights such as; The African Charter on Human and Peoples Rights and she has adopted the Commission on Human and Peoples Rights. This notwithstanding, there is the continuous practice of violations of human rights. These violations are manifested in various forms such as sexual exploitation, arbitrary arrest, right to life, stemming freedom of speech.

The rights of human and people’s is not fully protected and promoted in Africa by the Commission due to its various limitations. The AFRICAN COMMISSION OF HUMAN AND PEOPLE’S RIGHTS which is the main enforcement mechanism of violations of human and people’s rights is impeached in its duty in this respective. This is however because the commission is not independent from the African charter and this makes it difficult for the commission to write ill about the serious violations on human and people’s rights are therefore, not reported.

1.3 RESEARCH QUESTIONS

• How has the Commission protected Human Rights and People’s in Africa?
• What is the relationship between the Commission and other non-governmental institutions in the protection and promotion of human and people’s rights in Africa?
• Are there any setbacks, hindrances or limitations to the works of the Commission in the protection and promotion of Human and Peoples Rights in Africa?

1.4 OBJECTIVE OF THE STUDY

1.4.1    General Objectives

• To examine the role of the African Commission on Human and Peoples Rights in protecting human rights.

1.4.2    Specific Objectives

 The specific objectives are

• To examine the protection and promotion of the human and people’s rights by the Commission.
• To understand the relationship between the Commission and non-governmental institutions in the promotion and promotion of human rights.[7]
• To also examine the flaws of the Commission in the protection and promotion of human and the people’s rights in Africa.
• To make policy recommendations to address the issues raised.

1.4 RESEARCH METHODOLOGY

The research has adopted a qualitative methodology appropriate in law. The research method used is strictly doctrinal which is common in legal research: data analyzes on primary and secondary sources of information. Thus, the source of information of this research is both primary and secondary.

The primary sources of data will comprise of; Conventions, Declaration, Laws, Statutes and Charters directly enacted meanwhile, secondary sources of information will include; amices, Journal articles, Textbooks, Reports, and Online sources.

1.5 JUSTIFICATION FOR THE STUDY

The reason for carrying out this research on the topic An Analyzes of the African Commission on Human and Peoples Rights is first to inform the African people and the ever growing human rights audience about the existence of the Commission and its relevance to them.

This research is also to spread widely, vital information on the activities of the Commission. The researcher intends examining other non-governmental institutions and or groups such as NGOs to foster the protection and promotion of human and people’s rights.

The reason for carrying out this research is also to investigate about human and people’s rights and the activities violating these rights in Africa. There are many violations to human and people’s rights that needs to be addressed such as violence. The research also seeks to ascertain whether the laws established by the Commission to protect and promote human and people’s rights in Africa face any problems.

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