1. The African Charter on Democracy, Elections and Governance
Parliamentary and International Affairs Programme
South African Human Rights Commission

2. Ratified African Human Rights Charters
African Charter on Human and People’s Rights (ACHPR), 1981, acceded to in July 1996
African Charter on the Rights and Welfare of the Child (ACRWC) 1990, ratified in January 2000
Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa, ratified by South Africa on 17 December 2004.
Charter vs Treaty Body

3. Status of the African Charter Democracy, Elections and Governance
Ratification Statistics
AU Members – 53
Signatures - 29
Ratifications - 6
Deposits - 3

4. Importance of Ratification
ICCPR
ICESCR
Demonstrate a commitment to democratic governance
APRM

5. Prominent Provisions of the Charter Vulnerable Groups
Article 8(2): requires the state party to “adopt legislative and administrative measures to guarantee the rights of women, ethnic minorities, migrants, people with disabilities, refugees and displaced persons and other marginalised and vulnerable social groups.”
International Treaties: CRPD, CERD, CAT
ICRMW, ICPED

6. Strengthening organs of the union
Article 7: State Parties shall take all necessary measures to strengthen the Organs of the Union that are mandated to promote and protect human rights and to fight impunity and endow them with the necessary resources.
Expertise
Participation in Reporting
Parliament - Oversight

7. Social and Economic Policies
Article 9 “States Parties undertake to design and implement social and economic policies and programmes that promote sustainable development and human security”
Review policies and programmes
Relevant Government Departments
Ratification of ICESCR

8. Culture of Democracy
Article 12 State Parties undertake to implement programmes and carry out activities designed to promote democratic principles and practices as well as consolidate a culture of democracy and peace.
Promote good governance
Strengthen political institutions to entrench a culture of democracy and peace.
Create conducive conditions for civil society organisations to exist and operate within the law
Integrate civic education in their educational curricula and develop appropriate programmes and activities

9. Public Institutions
Article 15 mentions the establishment and functioning of public institutions, such as the SAHRC and the Independent Electoral Commission, which are constitutionally created bodies with the aim of promoting and supporting democracy.
Adequate Funding
Relevant Legislative Framework
Electoral Act 73 of 1998 and
Municipal Electoral Act 27 of 2000
IEC and DOHA

10. Exchange of Experiences
Article 16 State Parties shall cooperate at regional and continental levels in building and consolidating democracy through exchange of experiences.
Question to the Committee: What will the role of the Committee be in sharing its experiences with African counterparts on the role it plays in promoting the Charter?

11. Civil Society Participation
Article 28 State Parties shall ensure and promote strong partnerships and dialogue between government, civil society and private sector.
Novel inclusion
History of Civil society exclusion

12. Gender
Article 29 recognises the crucial role of women in development and democracy, places an obligation on states parties to create the necessary conditions for the full and active participation of women in decision making and in the electoral process
Ratification of CEDAW
High number of MPs
50/50 campaign

13. Reporting
Article 49 requires States Parties to submit reports every two years, from the date the Charter comes into force.
African Charter – biennial reporting
South Africa – history of late reporting:
African Commission: South Africa’s Initial report was submitted in October 1998 & 2nd Report May 2005 combining 3rd and 4th reports, was considered in December 2005.
Current reports are outstanding.

14. Benefits of Reporting
A tool to create and further human rights education and awareness
Another reference for government planning; making choices that promote the development of a human rights culture
Reporting provides opportunity to benchmark progress,
an opportunity for reflection and
to share experiences and achievements

15. Key Recommendations One Government Department – Co-ordinate reports
Correct, comprehensive information
Timeous Report
Training of Relevant Government Departments
Reports – thorough, limited additional information required
Ratification of the Charter:
Tool for ensuring democracy
Tool for evaluating constitutional democratic values

16. Thank You …