This paper deals with the African Commission on Human and People's Rights, its core functiions, major achievements and failures.
Since its inception in 1963, the Organisation of African Unity (OAU) now African Union (AU) concentrated all its efforts on dismantling the relics of colonialism and fighting apartheid, consequently relegating the promotion and protection of individual as well as group rights to a secondary position and priority was instead given to the security and inviolability of states at the expense of individual liberty. The Continent was consequently not at the same wavelength in terms of Human Rights with the other continents, especially the west.
Table of Contents
1. INTRODUCTION
2. The African Commission on Human and Peoples’ Rights
3. The mandate of the condition
4. Core Functions of the commission
5. The secretariat
6. Achievements and successes of the African Commission on Human and People’s Rights
7. Major challenges and failures of the commission
8. Recommendations
9. Conclusion
Research Objectives and Key Topics
This work aims to evaluate the effectiveness and operational history of the African Commission on Human and Peoples’ Rights in promoting and protecting human rights across the continent since its inception in 1987. The research examines the commission's institutional framework, its successes in creating human rights awareness, and the significant systemic failures and challenges that hinder its ability to fulfill its mandate effectively.
- Institutional history and the establishment of the African Charter.
- Core functions, interpretational mandate, and protective mechanisms.
- Assessment of the commission’s promotional activities and state reporting.
- Analysis of institutional challenges, including financial dependence and lack of political will.
- Strategic recommendations for enhancing the commission’s efficiency and independence.
Excerpt from the Book
Major challenges and failures of the commission
The weakness or strength of any human rights institution revolves around its normative and procedural scope, its implementation machinery and above all the practice of all the relevant actors (Eno, 2003). This assertion means that the blame of the failure or otherwise of the commission is multi-faceted including in particular lack of political will, lack of independence, inadequate follow-up on decisions or recommendations, lack of a monitoring role, lack of publicity and awareness, and above all the commission is handicapped financially, materially and lacks human resources. As a result of these challenges, the commission so far has not been able to live up to expectations.
Firstly, the commission is unknown to more than half the people it is supposed to be working for, and even those who know about it, approach it with sceptism. For the millions of Africans to benefit from the rights and freedoms contained in the charter, they must first be aware of these rights and of how they can seek redress both at national and international level if they are threatened. The Charter itself recognizes the need for this public awareness and has mandated the commission to inter alia, “promote human and peoples’ rights and in particular organize seminars, symposia and conferences”. But this function has not been performed that well as Ankumah (1996) debates that “the commissions visits tend to focus on urban areas and institutions of higher education”. This is to the detriment of the masses that are in the rural areas. The commission therefore has failed so far in its mandate of creating a human rights awareness on the continent.
Summary of Chapters
INTRODUCTION: Provides a historical overview of the OAU's transition to the AU and the circumstances leading to the creation of the African Charter on Human and Peoples’ Rights.
The African Commission on Human and Peoples’ Rights: Details the establishment, structure, and membership composition of the commission based in Banjul.
The mandate of the condition: Summarizes the primary responsibilities of the commission under Articles 45-55 of the Charter regarding monitoring and protecting rights.
Core Functions of the commission: Outlines the functional responsibilities, including data collection, legal interpretation, and cooperation with other international institutions.
The secretariat: Describes the administrative role of the secretariat and its functions in supporting the commission’s duties.
Achievements and successes of the African Commission on Human and People’s Rights: Highlights the commission’s role in promoting awareness, organizing symposia, and establishing the African Human Rights Day.
Major challenges and failures of the commission: Critically analyzes the obstacles faced by the commission, such as funding issues, limited political support, and lack of public visibility.
Recommendations: Proposes practical steps, including NGO collaboration and institutional restructuring, to improve the commission's impact.
Conclusion: Synthesizes the findings and reaffirms the necessity for stronger state support to enable the commission to function effectively.
Keywords
African Commission on Human and Peoples’ Rights, Human Rights, African Charter, OAU, African Union, Advocacy, Institutional Challenges, State Reporting, Protective Mandate, Legal Interpretation, Political Will, Public Awareness, Governance, Rule of Law, NGO Collaboration.
Frequently Asked Questions
What is the primary focus of this work?
The work focuses on evaluating the role of the African Commission on Human and Peoples’ Rights in promoting and protecting fundamental freedoms across Africa.
What are the central themes discussed?
The central themes include the commission's historical background, its mandate, operational achievements, structural challenges, and the necessity for institutional reform.
What is the primary research goal?
The goal is to determine how effective the commission has been in fulfilling its mandate and to identify the stumbling blocks that prevent it from achieving its objectives.
Which scientific method is applied?
The author employs a critical analysis of institutional mandates, procedural frameworks, and secondary literature to assess the commission's performance against its documented goals.
What topics are covered in the main section?
The main sections cover the mandate and core functions, specific operational successes like promotional activities, and a detailed critique of challenges such as financial dependence and lack of compliance.
Which keywords best describe the paper?
The paper is defined by terms such as Human Rights, African Charter, Institutional Challenges, Political Will, and Governance.
Why does the commission struggle with public awareness?
According to the author, the commission focuses its outreach too heavily on urban areas and academic institutions, failing to reach the rural masses who are most in need of rights awareness.
How does the lack of funding affect the commission?
Limited financial resources force the commission to rely on donor funding, which disrupts strategic planning and makes it difficult to maintain professional staff and implement long-term action plans.
- Quote paper
- Kwesi Nyarkoh Koomson (Author), 2013, The African Commission on Human and People's Rights. Core functions, achievements and failures, Munich, GRIN Verlag, https://www.grin.com/document/339678
