The African System is the youngest of the three judicial or quasi-judicial regional human rights systems, and was created under the auspices of the African Union (AU). Like the Inter-American System (and the European System, as originally designed), it includes a commission and a court with complementary mandates. The African Commission on Human and Peoples’ Rights (ACHPR), African Court on Human Peoples’ Rights (AfCHPR), and African Committee of Experts on the Rights and Welfare of the Child (ACERWC) all assess States’ compliance with human rights standards, including by deciding individual complaints of human rights violations. However, the jurisdiction and activities of each body are distinct.
For quick reference, view IJRC’s one-page overviews of the AfCHPR, ACHPR, and ACERWC, as well as two-page country factsheets on the human rights obligations of the 55 AU Member States. View IJRC’s exhaustion guide for an overview of how the African human rights bodies interpret and apply the procedural requirement of exhaustion of domestic remedies in their complaints processes.
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IJRC’s publication Advocacy before the African Human Rights System: Manual for Attorneys and Advocates (2016) provides detailed information on the System, its components, complaints procedure, and decisions. The manual addresses the continental human rights bodies, as well as regional courts engaged in human rights protection. It also contains a list of additional books, articles, and websites with information and analysis relevant to understanding the African human rights bodies’ work.
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IJRC’s publication Civil Society Access to International Oversight Bodies: African Commission on Human and Peoples’ Rights (2018) analyzes the opportunities and barriers to civil society engagement with the ACHPR, as part of a series on advocates’ access to human rights oversight bodies.
Download PDFSeat: Arusha, Tanzania Instrument: Protocol to ACHPR Operating Since: 2006
The African Court on Human and Peoples Rights (AfCHPR) is a regional human rights tribunal with advisory and contentious jurisdiction concerning the interpretation and application of the African Charter on Human and Peoples’ Rights (“Banjul Charter”) and other instruments. Its jurisdiction extends to those States that have ratified the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights. In addition to deciding cases, the Court may issue advisory opinions and adopt thematic reports.
More detailed information about the AfCHPR.
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]
More detailed information about the ACHPR.
Seat: Maseru, Lesotho Instrument: ACRWC Operating Since: 2002
The African Committee of Experts on the Rights and Welfare of the Child (ACERWC) is charged with protecting human rights in Africa and interpreting the African Charter on the Rights and Welfare of the Child (ACRWC). Until December 2020, the ACERWC had been based in Addis Ababa, Ethiopia, but it relocated its headquarters to Lesotho following an agreement between the AU and Lesotho. The Committee generally holds biannual ordinary sessions at its headquarters. It is made up of 11 individuals elected by the Assembly of the African Union to serve for one term of five years.
More detailed information about the ACERWC.
The COMESA Court of Justice is the judicial organ of a regional economic community, the Common Market for Eastern and Southern Africa (COMESA), and is charged with settling disputes arising under the COMESA Treaty between COMESA’s Member States, Secretary General, individuals, and corporations. The COMESA Court of Justice does not have general competence to hear individual complaints of alleged human rights violations.
More detailed information [LINK to standalone page] about the COMESA Court of Justice.
The East African Court of Justice (EACJ) is an international court tasked with resolving disputes involving the East African Community and its Member States. The EACJ was established by Article 9 of the Treaty for the Establishment of the East African Community and is charged with interpreting and enforcing the treaty, which came into force on July 7, 2000. The East African Court of Justice does not have competence to hear individual complaints of alleged violations of human rights law, as such. The EACJ is based in Arusha, Tanzania.
More detailed information [LINK to standalone page] about the East African Court of Justice.
The ECOWAS Court of Justice is the judicial organ of the Economic Community of West African States (ECOWAS) and is charged with resolving disputes related to the Community’s treaty, protocols and conventions. The ECOWAS Community Court of Justice has competence to hear individual complaints of alleged human rights violations.
More detailed information [LINK to standalone page] about the ECOWAS Court of Justice.
The Southern African Development Community Tribunal was established under of the Treaty of the Southern African Development Community (SADC) in 1992, but was only inaugurated in November 2005. The SADC Tribunal is currently suspended.
More detailed information [LINK to standalone page] about the Southern African Development Community Tribunal.
The Commission and Court are charged with interpreting and applying a number of regional human rights instruments, which include:
They also interpret the principles contained in the following non-treaty documents:
See IJRC’s publication Advocacy before the African Human Rights System: Manual for Attorneys and Advocates (2016) for detailed information on the System, its components, complaints procedure, and decisions.
Decisions of the African human rights bodies can be accessed on the websites of the Commission, Court, and ACERWC. However, the most effective tool for researching their caselaw is the Institute for Human Rights and Development in Africa’s Case Law Analyser. For additional research tools, see IJRC’s guide on Researching International Human Rights Law.
The NGO Forum supports and coordinates civil society engagement with the African Commission, through twice yearly meetings ahead of the Commission’s sessions.
Additional information on engagement with the African Commission and Court can be found in the Commission’s Guide to the African Human Rights System and Guidelines for the Submission of Communications, as well as in the International Service for Human Rights’ publications, Road Map for Civil Society Engagement: State Reporting Procedure of the African Commission on Human and Peoples’ Rights (2011) and A Human Rights Defenders’ Guide to the African Commission on Human and Peoples’ Rights (2012).
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