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African Commission on Human and Peoples’ Rights

Introduction

Seat: Banjul, The Gambia        Instrument: ACHPR       Operating Since: 1987

The African Commission on Human and Peoples’ Rights (ACHPR) promotes and protects human rights in the 54  Member States of the African Union that have ratified the African Charter on Human and Peoples’ Rights. Morocco rejoined the African Union in 2017, becoming its 55th Member State, but has not yet ratified the African Charter. [IJRC]

The African Charter and the Commission’s Rules of Procedure establish its composition and procedures. The Commission is composed of 11 Commissioners, who are elected in their individual capacity and do not represent any State. To read more about the Commissioners and their election process, see our ACHPR Composition & Election guide.

The Commission accepts complaints (“communications“) from individuals, groups of individuals, non-governmental organizations, and States concerning alleged violations of the African Charter on Human and Peoples’ Rights. It may also issue general comments and other guidelines and principles interpreting African human rights standards. The ACHPR periodically reviews States’ reports on their implementation of the Charter and issues concluding observations.

The ACHPR holds two ordinary sessions a year and may also hold extraordinary sessions upon the request of the Chairperson of the Commission or a majority of Commissioners. During the biannual ordinary sessions, the ACHPR considers periodic reports submitted by States parties, as well as reports from members of the Commission and its Special Mechanisms (rapporteurs, committees, and working groups). The Commission also considers reports concerning country visits (“Special Missions”), which are typically dispatched to countries experiencing political or social unrest, and may conduct promotional missions in African Union Member States to promote the African Charter and other regional and international legal instruments on human rights, and to strengthen relations between the Commission and the relevant State.

ACHPR Rapporteurs and Working Groups

General

The African Commission on Human and Peoples’ Rights has established multiple special mechanisms to assist the Commission with the promotion and protection of human rights. The special mechanisms’ mandates extend to all African Union (AU) Member States who are States parties to the African Charter on Human and Peoples’ Rights. Fifty-four of 55 AU Member States are States parties to the Charter. The special mechanisms are dedicated to protecting and promoting specific rights or the rights of specific vulnerable groups.

The ACHPR has established various working groups, special rapporteurships, and committees to advance specific thematic areas of work and to guide its functioning. The responsibilities of these special mechanisms include gathering and disseminating information on respect for the human rights of certain vulnerable groups. The special mechanisms use this information to provide States or the Commission with guidance toward effectively securing human rights in Africa.

Each special mechanism has been overseen by one of the Commission’s 11 Commissioners, who undertakes his or her duties on a part-time basis. Each individual appointed as Special Rapporteur or as Chairperson to a Working Group or Committee has been a Commissioner, simultaneously serving on the Commission. Commissioners also serve as members of the Working Groups and Committees, alongside non-Commissioner expert members.

The special mechanisms have a duty to provide the Commission with reports on their activities during each Ordinary Session. In turn, the Commission presents annual Activity Reports to the African Union Assembly that contain information gathered from the special mechanisms, summarizing positive developments and areas of concern regarding human rights in Africa.

In 2020, the ACHPR adopted Standard Operating Procedures for its special mechanisms. [IJRC]

Principal Functions

Each special mechanism has a specific mandate. Generally, special mechanisms may:

conduct country visits to Member States to investigate the enforcement of human rights;

make recommendations to Member States to guide them toward the fulfillment of their international obligations;

lend expertise to the Commission when it is considering communications that concern the special mechanism’s mandate;

submit annual reports to the Commission detailing its activities;

propose that the Commission send urgent appeals to Member States regarding imminent human rights violations;

send letters to State officials requesting information regarding human rights violations;

analyze States’ domestic laws and their compliance with international standards;

engage in promotional activities, including seminars, workshops, and expert meetings; and,

collaborate with civil society organizations and international human rights bodies.

Creation of Special Mechanisms

The African Commission appoints Special Rapporteurs, Chairpersons, and members of the special mechanisms either by consensus or by a vote. See ACommHPR, Rules of Procedure of the African Commission on Human and Peoples’ Rights (2020), rules 25 and 26. Typically, the ACHPR authorizes a special mechanism for a two-year mandate, which may renewed through a resolution. Each special mechanism’s website contains a list of the resolutions that have authorized the continuing mandate for that mechanism. In 2020, the ACHPR adopted Standard Operating Procedures for its special mechanisms.