Abstract:
During the year 2016 several significant normative developments were
recorded in the African human rights system. The Protocol to the African
Charter on Human and Peoples’ Rights on the Rights of Older Persons in
Africa was adopted but is yet to be ratified by any member state. The
African Court delivered three merit decisions dealing with the right to fair
trial and the right to political participation: a judgment on reparations;
one ruling on jurisdiction; and one ruling on a review application. Despite
this positive outlook, Rwanda’s withdrawal of its article 34(6) declaration
allowing direct access by individuals and NGOs posed a real challenge to
the Court’s legitimacy in cases with sensitive political implications. Both
the African Commission and African Children’s Committee made progress
on the examination of state reports. As far as communications are
concerned, the African Commission delivered seven merit decisions, while
the African Children’s Committee delivered two decisions on the merits
and one ruling on admissibility. The African Children’s Committee’s
decision on the age of childhood in Malawi, which was reached through
an amicable settlement, led to constitutional amendments increasing the age of adulthood from 16 to 18 years. Finally, the trial and conviction of
former Chadian dictator, Hissène Habré, by the Extraordinary African
Chambers served as a breath of fresh air in the fight against impunity for
human rights violations in Africa.