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African Commission on Human and Peoples' Rights

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The African Commission on Human and Peoples' Rights ( ACHPR ) is a quasi-judicial body tasked with promoting and protecting human rights and collective (peoples') rights throughout the African continent as well as interpreting the African Charter on Human and Peoples' Rights (also known as the Banjul Charter or the African Charter) and considering individual complaints of violations of the Charter. This includes investigating human rights violations, creating and approving programs of action towards encouraging human rights, and set up effect communication between them and states to get first hand information on violations of human rights. Although the ACHPR is under a regional government facility, they don't have any actual power and enforcement over laws. This ends up in them drafting up proposals to send up the chain of command to the Assembly of Heads of State and Government and they will act accordingly.

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38-654: ACHPR was based on the African Charter which is the regional human rights protectors of human rights for Africa. The charter has twenty-nine articles that go into great detail on the rights and freedoms that follow a strict code of non-discrimination. The support and excitement over the Europeans current rights system, the evolution of granting everyone human rights, is what helped streamline the creation of this commission and other courts in Africa. The Commission came into existence with

76-757: A Memorandum of Understanding to cooperate on the ACHPR's mandate in the African Charter. The Commission meets twice a year, usually in March or April and in October or November. One of these meetings is usually held in Banjul, where the Commission's secretariat is located; the others may take place in any African state. The commission opened its doors in 1987 with promises of the protection and evolution of Africa's human rights. The Assembly of Heads of State and Government, make their decisions by

114-692: A case against Libya. In 2021, the commission established the Commission of Inquiry into the situation in the Tigray Region to investigate human rights violation in the Tigray War under ACHPR resolution 482 of 12 May 2021. The commission has several special mechanisms in the form of special rapporteurs , working groups and committees that investigate and report on specific human rights issues, such as freedom of expression, women's rights, indigenous populations and torture. Each mechanism prepares and presents

152-529: A case against Libya. In 2021, the commission established the Commission of Inquiry into the situation in the Tigray Region to investigate human rights violation in the Tigray War under ACHPR resolution 482 of 12 May 2021. The commission has several special mechanisms in the form of special rapporteurs , working groups and committees that investigate and report on specific human rights issues, such as freedom of expression, women's rights, indigenous populations and torture. Each mechanism prepares and presents

190-405: A personal basis (i.e., not representing their home states); however, no member state may have more than one of its nationals on the Commission at any given time. The members choose, from among their own number, a chairperson and a Vice Chairperson, who each serve two-year renewable terms. The Commission has three broad areas of responsibility: The goals above may have been halted as the Commission

228-415: A report on its activities to the Commission at every ordinary session. The ACHPR relies on a network of nongovernmental organizations (NGOs) that are required to submit reports to the commission every two years. The commission has granted 514 NGOs with observer status. Organization of African Unity The Organisation of African Unity ( OAU ; French : Organisation de l'unité africaine , OUA)

266-678: A vote of two-thirds the majority of all representatives from each country. The ACHPR is made up of eleven members, elected by secret ballot at the OAU Assembly of Heads of State and Government (subsequently, by the African Union 's Assembly ). These members, who serve six-year renewable terms, are "chosen from amongst African personalities of the highest reputation, known for their high morality, integrity, impartiality and competence in matters of human and peoples' rights" (Charter, Article 31) and, in selecting these personalities, particular consideration

304-877: Is a quasi-judicial body tasked with promoting and protecting human rights and collective (peoples') rights throughout the African continent as well as interpreting the African Charter on Human and Peoples' Rights (also known as the Banjul Charter or the African Charter) and considering individual complaints of violations of the Charter. This includes investigating human rights violations, creating and approving programs of action towards encouraging human rights, and set up effect communication between them and states to get first hand information on violations of human rights. Although

342-523: Is given "to persons having legal experience". The members are to enjoy full independence in discharging their duties and serve on a personal basis (i.e., not representing their home states); however, no member state may have more than one of its nationals on the Commission at any given time. The members choose, from among their own number, a chairperson and a Vice Chairperson, who each serve two-year renewable terms. The Commission has three broad areas of responsibility: The goals above may have been halted as

380-457: Is located; the others may take place in any African state. The commission opened its doors in 1987 with promises of the protection and evolution of Africa's human rights. The Assembly of Heads of State and Government, make their decisions by a vote of two-thirds the majority of all representatives from each country. The ACHPR is made up of eleven members, elected by secret ballot at the OAU Assembly of Heads of State and Government (subsequently, by

418-534: Is not the African Union Commission , which was formerly known as the OAU Secretariat. In 2019, the ACHPR and UN Human Rights Office signed a Memorandum of Understanding to cooperate on the ACHPR's mandate in the African Charter. The Commission meets twice a year, usually in March or April and in October or November. One of these meetings is usually held in Banjul, where the Commission's secretariat

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456-489: The African Union 's Assembly ). These members, who serve six-year renewable terms, are "chosen from amongst African personalities of the highest reputation, known for their high morality, integrity, impartiality and competence in matters of human and peoples' rights" (Charter, Article 31) and, in selecting these personalities, particular consideration is given "to persons having legal experience". The members are to enjoy full independence in discharging their duties and serve on

494-554: The 1970s, the OAU was powerless to stop them. The Organisation was praised by Ghanaian former United Nations Secretary-General Kofi Annan for bringing Africans together. Nevertheless, critics argue that, in its 39 years of existence, the OAU did little to protect the rights and liberties of African citizens from their own political leaders, often dubbing it as a "Dictators' Club" or "Dictators' Trade Union". The OAU was, however, successful in some respects. Many of its members were members of

532-498: The ACHPR is under a regional government facility, they don't have any actual power and enforcement over laws. This ends up in them drafting up proposals to send up the chain of command to the Assembly of Heads of State and Government and they will act accordingly. ACHPR was based on the African Charter which is the regional human rights protectors of human rights for Africa. The charter has twenty-nine articles that go into great detail on

570-713: The African Charter, the Commission reports to the Assembly of Heads of State and Government of the African Union (formerly the OAU). Its first members were elected by the OAU's 23rd Assembly of Heads of State and Government in June 1987 and the Commission was formally installed for the first time on 2 November of that year. For the first two years of its existence, the Commission was based at the OAU Secretariat in Addis Ababa , Ethiopia , but in November 1989, it relocated to Banjul , Gambia . The ACHPR

608-506: The Cold War. The OAU had other aims, too: Soon after achieving independence, a number of African states expressed a growing desire for more unity within the continent. Not everyone was agreed on how this unity could be achieved, however, and two opinionated groups emerged in this respect: Some of the initial discussions took place at Sanniquellie , Liberia. The dispute was eventually resolved when Ethiopian emperor Haile Selassie I invited

646-417: The Commission was formally installed for the first time on 2 November of that year. For the first two years of its existence, the Commission was based at the OAU Secretariat in Addis Ababa , Ethiopia , but in November 1989, it relocated to Banjul , Gambia . The ACHPR is not the African Union Commission , which was formerly known as the OAU Secretariat. In 2019, the ACHPR and UN Human Rights Office signed

684-430: The Commission was placed under heavy burdens, mainly financial issues in the late 80's, as they tried to complete activities for the countries. The countries of Africa, excluding Ethiopia and Liberia, are heavily influenced by colonialism, overall have a weak government, and a declining economy. In pursuit of these goals, the Commission is mandated to "collect documents, undertake studies and researches on African problems in

722-620: The OAU and replaced it with the African Union (AU), its immediate successor, which upholds many of the founding principles of the OAU. The inception of the OAU's establishment was the Sanniquellie Pledge at the First West African Summit Conference held in Sanniquellie , Liberia on 15–19 July 1959. President Tubman of Liberia hosted President Touré of Guinea , and Prime Minister Nkrumah of Ghana , and

760-538: The OAU failed to achieve to meet goals set up to advocate African affairs. The Organisation still heavily depended on Western help (military and economic) to intervene in African affairs, despite African leaders' displeasure at dealing with the international community, especially Western countries. Autonomous specialised agencies, working under the auspices of the OAU, were: African Union special rapporteur The African Commission on Human and Peoples' Rights ( ACHPR )

798-789: The South African government, and South African aircraft were prohibited from flying over the rest of the continent. The UN was convinced by the OAU to expel South Africa from bodies such as the World Health Organization . The OAU also worked with the UN to ease refugee problems. It set up the African Development Bank for economic projects intended to make Africa financially stronger. Although all African countries eventually won their independence , it remained difficult for them to become totally independent of their former colonisers. There

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836-455: The UN, too, and they stood together within the latter organisation to safeguard African interests – especially in respect of lingering colonialism. Its pursuit of African unity, therefore, was in some ways successful. Total unity was difficult to achieve, however, as the OAU was largely divided. The former French colonies, still dependent on France , had formed the Monrovia Group , and there

874-467: The coming into force, on 21 October 1986, of the African Charter (adopted by the Organization of African Unity (OAU) on 27 June 1981). Although its authority rests on the African Charter, the Commission reports to the Assembly of Heads of State and Government of the African Union (formerly the OAU). Its first members were elected by the OAU's 23rd Assembly of Heads of State and Government in June 1987 and

912-461: The field of human and peoples, rights, organise seminars, symposia and conferences, disseminate information, encourage national and local institutions concerned with human and peoples' rights and, should the case arise, give its views or make recommendations to governments" (Charter, Art. 45). With the creation of the African Court on Human and Peoples' Rights (under a protocol to the Charter which

950-406: The field of human and peoples, rights, organise seminars, symposia and conferences, disseminate information, encourage national and local institutions concerned with human and peoples' rights and, should the case arise, give its views or make recommendations to governments" (Charter, Art. 45). With the creation of the African Court on Human and Peoples' Rights (under a protocol to the Charter which

988-517: The leading Gambian nationalists and Pan-Africanists at the time – Alieu Ebrima Cham Joof delivered a speech in front of the member states, in which he said: The OAU had the following primary aims: A Liberation Committee was established to aid independence movements and look after the interests of already-independent states. The OAU also aimed to stay neutral in terms of global politics, which would prevent them from being controlled once more by outside forces – an especial danger with

1026-544: The organization with no means to enforce its decisions. It was also unwilling to become involved in the internal affairs of member nations, prompting some critics to claim the OAU as a forum for rhetoric, not action. Recognizing this, in September 1999 the OAU issued the Sirte Declaration , calling for a new body to take its place. On 9 July 2002, the OAU's Chairman , South African President Thabo Mbeki , formally dissolved

1064-488: The rights and freedoms that follow a strict code of non-discrimination. The support and excitement over the Europeans current rights system, the evolution of granting everyone human rights, is what helped streamline the creation of this commission and other courts in Africa. The Commission came into existence with the coming into force, on 21 October 1986, of the African Charter (adopted by the Organization of African Unity (OAU) on 27 June 1981). Although its authority rests on

1102-537: The three pledged to work together for the formation of a "Community of Independent African States". The OAU was founded in May 1963 in Addis Ababa , Ethiopia , by 32 African states with the main aim of bringing the African nations together and resolve the issues within the continent. Its first ever conference was held on 1 May 1963 in Addis Ababa. At that conference, the late Gambian historian – and one of

1140-557: The two groups to Addis Ababa , where the OAU and its headquarters were subsequently established. The Charter of the Organisation was signed by 32 independent African states. At the time of the OAU's disbanding, 53 out of the 54 African states were members; Morocco left on 12 November 1984 following the admission of the Sahrawi Arab Democratic Republic as the government of Western Sahara in 1982. The organisation

1178-652: Was a further split between those that supported the United States and those that supported the USSR in the Cold War of ideologies. The pro- Socialist faction was led by Ghana's Kwame Nkrumah , while Félix Houphouët-Boigny of the Ivory Coast led the pro- capitalists . Because of these divisions, it was difficult for the OAU to take action against states involved in internal conflicts because it could rarely reach an agreement on what

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1216-637: Was adopted in 1998 and entered into force in January 2004), the Commission will have the additional task of preparing cases for submission to the Court's jurisdiction. In a July 2004 decision, the African Union's Assembly resolved that the future Court on Human and Peoples' Rights would be integrated with the African Court of Justice . In 2011, the commission brought before the African Court on Human and Peoples' Rights

1254-427: Was adopted in 1998 and entered into force in January 2004), the Commission will have the additional task of preparing cases for submission to the Court's jurisdiction. In a July 2004 decision, the African Union's Assembly resolved that the future Court on Human and Peoples' Rights would be integrated with the African Court of Justice . In 2011, the commission brought before the African Court on Human and Peoples' Rights

1292-463: Was an African intergovernmental organization established on 25 May 1963 in Addis Ababa , Ethiopia , with 33 signatory governments. Some of the key aims of the OAU were to encourage political and economic integration among member states, and to eradicate colonialism and neo-colonialism from the African continent . The absence of an armed force like the United Nations peacekeepers left

1330-467: Was often continued reliance on the former colonial powers for economic aid, which often came with strings attached: loans had to be paid back at high interest-rates, and goods had to be sold to the aiders at low rates. The US and Soviet Union intervened in post-colonial Africa in pursuit of their own objectives. Help was sometimes provided in the form of technology and aid-workers. Despite the fight to keep "Westerners" (colonialists) out of African affairs,

1368-417: Was placed under heavy burdens, mainly financial issues in the late 80's, as they tried to complete activities for the countries. The countries of Africa, excluding Ethiopia and Liberia, are heavily influenced by colonialism, overall have a weak government, and a declining economy. In pursuit of these goals, the Commission is mandated to "collect documents, undertake studies and researches on African problems in

1406-464: Was to be done. The OAU did play a pivotal role in eradicating colonialism and white minority rule in Africa. It gave weapons, training and military bases to rebel groups fighting white minority and colonial rule. Groups such as the ANC and PAC, fighting apartheid , and ZANU and ZAPU , fighting to topple the government of Rhodesia , were aided in their endeavours by the OAU. African harbours were closed to

1444-568: Was widely derided as a bureaucratic "talking shop" with little power. It struggled to enforce its decisions, and its lack of armed force made intervention exceedingly difficult. Civil wars in Nigeria and Angola continued unabated for years, and the OAU could do nothing to stop them. The policy of non-interference in the affairs of member states also limited the effectiveness of the OAU. Thus, when human rights were violated, as in Uganda under Idi Amin in

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