Judith A. Oder Interights

Normative Framework OAU Refugee Convention 1969 African Charter on Human and Peoples’ Rights 1981 African Children’s Charter 1990 The Court Protocol 1998 The Women’s Rights Protocol 2003

Human Rights Mechanisms African Commission on Human and Peoples’ Rights (the African Commission) African Committee on the Rights and Welfare of the Child (the Committee) African Court on Human and Peoples’ Rights (the Court)

Sub-regional Courts/Tribunals The East African Community Court of Justice The Economic Community of West African Court of Justice The Southern African Development Tribunal.

Art 5 African Charter ‘Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited.’

Supporting Provisions Equal protection before the law (Art 3) Right to life and integrity (Art 4 ) Right to personal liberty (Art 6) Fair trial and due process guarantees (Art 7 ) African Commission’s Guidelines and Principles on the right to a fair trial and legal assistance

Women’s Protocol Right to dignity Prohibition of harmful traditional practices and violence against women Violations in times of conflict

The Children’s Charter Traditional practices Protections against child labour Protection of children from abuse and violence Due process protection Protection of children in armed conflict or other situation

The African Commission’s complaints procedure Who can file a complaint? States parties to the African Charter Individuals (Articles 55 and 56) NGOs

 All 53 African states but Morocco are members states of the AU

The Stages of the procedure Seizure: Action by which the Commission decides to consider a Communication Admissibility: Must comply with criteria set out in Art 56 Merits: Consideration of the substance of the complaint

Provisional Measures Rule 111 When there is a danger of irreparable damage being caused to the victim Chairperson informs state of the appropriateness of taking these measures

Evidence & Conduct of hearing Oral hearings (lately Commission has sometimes dispensed with these & considered written submissions) Video & audio recordings Expert testimony Standard of Proof: In practice it is the preponderance of the evidence standard

Applicable Law Human Rights within the AU system International human rights instruments

Remedies What the applicant requests for: Compensate victims Setting up truth commissions Returning citizenship Undertaking environmental impact studies Revising legislation

Enforcement The Commission makes recommendations to the Assembly of Heads of State of the AU The enforcement of the Commission’s decisions to a large extent depends on the good will of the offending State Complainant & representative devise a strategy on enforcement

Issues considered Pre-trial detention and incarceration Mental health detainees Death penalty Judicial corporal punishment Procedural and judicial safeguards, incommunicado detention Refoulement and forced displacement Civil strife and Conflict

African Court on Human and Peoples’ Rights In place, judges elected in January 2006 Court Seat: Arusha, Tanzania Delay in set up due to AU decision to integrate Human Rights Court & Court of Justice Court will complement the Commission’s mandate

Complainants b4 the Court African Commission State party -Complainant before the Commission -Respondent before Commission - On behalf of Citizen African inter-governmental organisations

Art 36 (4) requires states to make a declaration accepting Court’s competence to consider cases from individuals Only Burkina Faso has made this declaration.

The Court can apply sources of law ratified by the state concerned Provision of legal aid Binding judgments Evidence: Oral and Written evidence; it can also conduct an inquiry

Remedies Court can make appropriate orders including: Payment of fair compensation Reparation

Enforcement States to comply within the time stipulated by Court Council of ministers to monitor execution

1. Selecting Forum Relevant law Assessment of potential impact On going developments Previous decisions Quick wins Political and social context

2. Procedural Criteria Costs Time limits Rules of Standing Evidentiary rules Exhaustion of local remedies Nature of proceedings Duration of proceedings

Remedies & Follow up Before Commission, complainants and representatives devise follow up strategy In future Court will grant what complainant request for Devise a strategy regarding follow up States obliged to comply with the judgment

Overall, in your selection of fora: Impact: -For the victim -Change in law/policy/practice Likelihood of enforcement: Availability of formal procedure