A critique of the efficacy of the communications procedure of the African commission on Human and Peoples' Rights

Abstract

The study aims at showing how the African human rights system provides protection to its people, while trying to assess how effective the system is. The study attempts to show the relevance of the African system as a home-grown system in the realm of international human rights protection today. The study discusses the African Union (AU) human rights architecture. The AU’s mandate on human rights is set out, outlining its institutional and normative framework for the protection of human rights. The study also analyses the normative framework on the African Charter on Human and Peoples’ Rights (Charter). Discussed are the rights and duties proclaimed by the Charter. The measures taken to safeguard these are also discussed highlighting the establishment of the African Commission on Human and Peoples’ Rights (Commission) and its mandate and procedure. The African Commission on Human and Peoples’ Rights is identified as the main enforcement mechanism under the African Charter. An overview of the institutional and normative framework for human rights protection under the Commission is given. From this it is established that the communications procedure is an important means by which the Commission can fulfil its protection mandate. A detailed explanation of the communication procedure in practice with consideration of the Rules of Procedure of the Commission is given. Its successes are balanced against its failings through a comparative analysis. From the analysis herein the researcher concludes that the irregularities in the system, are adversely affecting the efficacy of its human protection mechanism, to this end the study concludes by giving recommendations to pertinent stakeholders aimed at enhancing the efficacy of the communications procedure of the African Commission by directly and indirectly addressing the challenges highlighted in the study.