African Commission on Human Rights appeals for more cases

By Ebenezer Hanson

It has been observed that despite the widespread human rights violations on the African Continent, only few cases have been reported to the African Commission on Human and People’s Rights (ACHPR) for appropriate action. The obvious effect of such inaction is the incessant abuses of the dignity of some Africans in certain countries and under utilization of the capacity of the ACHPR.
Commissioner Ngary Musa Bitaye, member of the Commission with oversight responsibility for Ghana, who disclosed this at a lecture on the work of the ACHPR in Accra, reveals that since the establishment of ACHRP some 20 years ago, the Commission has received only 361complaints.
“Despite the massive human rights violations only few complaints have been received. So far the Commission has received 361 communications, that is, 17 case per year in the 20 years of the Commission’s existence. This is worrisome for a continent notorious for human rights violations,” he stunned his audience, and further revealed that many of the complaints had come mainly from Non Governmental Organisations (NGOs).
The lecture formed part of collaborative activities between the ACHPR and the Third World Network (TWN) Africa in the promotion and protection of the rights of the people and communities affected by mining sector activities.
Mr. Bitaye, who is also the Chairperson of the African Commission’s Working Group on Indigenous Populations/Communities in Africa, admits that the Commission is indeed unknown to many Africans and work is assiduously underway to address it. He also assured the audience that the ACHPR is also putting in place a follow-up mechanism to assess the implementation of some their recommendations and for investigative purposes.
He, however, stressed that one must exhaust remedies available in their home countries before seeking recourse at the ACHPR. “Without exhausting the local remedies if you come to the Commission you will be wasting your time”.
He reveals that the ACHPR consists of 11 individuals who are elected and could only be removed on the grounds of absenteeism. “After the election members are expected to work in their personal capacity and will do everything to maintain their independence.”
Elaborating on the independence of the Commission, Mr. Bitaye said in recent times the Assembly of Head of States and Governments had tried to interfere with its work but members of the Commission fiercely resisted. “At the last AU meeting, they asked us to remove some portions of our report but we wrote reminding them of the rules it cannot be done”. He adds, “The African Union has surprisingly given us a lot of money with the condition that we should not collect money outside the AU structures. On the other hand the OAU did not give us money and did not interfere in our work as well. ”

Responding to questions, Mr. Bitaye disclosed that the ACHPR might give hearing to a complainant in the event of undue delay in respect of a case before a court in his/her home country. He said although decisions of the ACHPR are not binding they have a strong influence.
The chairman for the occasion and Co-ordinator for TWN Africa, Dr. Yaw Graham, noted that with the new AU, it has become imperative for all stakeholders to work towards the upholding of fundamental human rights and freedoms on the continent.
Mr. Bitaye was on a five-day Promotional Mission to Ghana from September 1-5 during which he was expected to meet with a cross-section of human rights actors in the country, especially those working in the field of human rights: including in particular, relevant government officials, members of parliament, members of the judiciary, the police, civil society organisations, political party leaders, and other individuals or institutions capable of enlightening the African Commission on the human rights situation in Ghana.
At the end of the mission, he discussed the preliminary findings with relevant government authorities and held a news conference on the findings.
In accordance with Article 62 of the African Charter on Human and Peoples' Rights, States Parties to the Charter are required to submit every two years, a report on the legislative or other measures taken, with a view to giving effect to the rights and freedoms recognised and guaranteed by the Charter. Besides, it receives what it calls shadow reports from NGOs, which are also allowed to attend meetings of the Commission.
The Commission is formed by 11 independent experts who are nationals of State Parties to the Charter who meet for two 15-day sessions each year which are held in April/ May and October/ November. The permanent Secretariat of the Commission is based in Banjul, the Gambia.The African Union was created in 2002, replacing the Organisation of African Unity which was established in 1963 to promote cooperation among the newly independent African States, but which did not have a human rights focus.
The Commission promotes human rights through awareness-raising programmes, sets human rights standards, and interprets articles of the Charter. It also protects human rights through its complaints mechanism which empowers it to receive individual and inter-State complaints alleging human rights violations. The Commission also receives and considers periodic reports that States Parties are required to submit under Article 62 about how they are implementing the Charter.