Category Archives: African System

As African Court Releases New Judgments, Tanzania Withdraws Individual Access

African Court on Human and Peoples' Rights session banner

African Court on Human and Peoples’ Rights session banner
Credit: African Court on Human and Peoples’ Rights via Flickr

Tanzania has announced it will no longer allow individuals and non-governmental organizations to submit complaints against it to the African Court on Human and Peoples’ Rights (AfCHPR), amid growing concern for human rights conditions in the country. [Amnesty International] When it withdrew its declaration under Article 34 of the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of the African Court on Human and Peoples’ Rights (the Protocol) last month, Tanzania became the second State to do so, potentially leaving only eight States that accept the African Court’s individual complaints mechanism. See IJRC, African Court on Human and Peoples’ Rights. The withdrawal follows years of Court judgments on Tanzania, principally on due process in criminal proceedings, and coincides with a new judgment holding that Tanzania’s mandatory imposition of the death penalty for murder convictions violates the human rights to fair trial and to life. [AfCHPR Press Release: Judgments; AfCHPR Press Release: Rajabu] The African Court is based in Arusha, Tanzania.

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December 2019: UN Treaty Bodies & Regional Bodies in Session

European Committee of Social Rights
Credit: ECSR

In December, universal and regional human rights bodies and experts will assess States’ compliance with their human rights obligations through the consideration of State and civil society reports and country visits. Two United Nations treaty bodies will be in session to assess States’ progress regarding the prevention of torture and the elimination of racial discrimination. Seven UN special procedures will conduct country visits in December. Additionally, two UN Working Groups will hold sessions in Geneva, Switzerland. Of the regional bodies, the African Court on Human and Peoples’ Rights (AfCHPR), the European Committee of Social Rights (ECSR), and the European Court of Human Rights (ECtHR) will be in session.

The UN treaty body sessions, the AfCHPR public hearings, and the ECtHR’s Grand Chamber hearings, may be watched via UN Web TV, the African Court’s YouTube channel, and the ECtHR’s website, respectively. To view human rights bodies’ past and future activities, visit the IJRC Hearings & Sessions Calendar.

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Recent Developments Highlight Increased Collaboration Among Human Rights Bodies

Signing of the MOU between the UN and the World Economic Forum
Credit: UN Photo/Manuel Elias

Over the past several months, supranational human rights bodies have announced a flurry of joint events and agreements, highlighting some specific rights challenges and the increasing importance of technical collaboration. Between September and November 2019, the African Commission on Human and Peoples’ Rights (ACHPR), the European Court of Human Rights (ECtHR), the Inter-American Commission on Human Rights (IACHR), the Inter-American Court of Human Rights (IACtHR), the United Nations Office of the High Commissioner for Human Rights (OHCHR), and the United Nations Education, Scientific and Cultural Organization (UNESCO) were among the bodies that entered into cooperation agreements or hosted events to formalize and enhance collaboration in the implementation of human rights instruments. While there are many other examples over the past decade, it is noteworthy that these collaborations appear to be happening with increasing frequency, formality, and transparency.

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November 2019: UN Treaty Bodies, UPR Working Group & Regional Bodies In Session

UPR Reports Reviewed
Credit: UN Photo/Jean-Marc FerrŽ

In November, universal and regional human rights bodies and experts will assess States’ compliance with their human rights obligations through the consideration of State and civil society reports and country visits. Five United Nations treaty bodies and one pre-sessional working group will hold sessions to assess States’ progress regarding women’s rights, civil and political rights, the prevention of torture, and the elimination of racial discrimination. The Universal Periodic Review (UPR) Working Group will also be in session and will conduct interactive dialogues with representatives from 14 States. Ten UN special procedures will conduct country visits in November. Additionally, two UN Working Groups will hold sessions in Geneva, Switzerland. Of the regional bodies, the Inter-American Court of Human Rights (IACtHR), the Inter-American Commission on Human Rights (IACHR), the African Commission on Human and Peoples’ Rights (ACHPR), and the African Court on Human and Peoples’ Rights (AfCHPR) will be in session.

The UN treaty body sessions may be watched via UN Web TV. The public hearings of the IACtHR and the IACHR may be viewed via the IACtHR’s Vimeo page and the IACHR’s YouTube page, respectively.

To view human rights bodies’ past and future activities, visit the IJRC Hearings & Sessions Calendar.

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October 2019: UN Treaty Bodies & Regional Bodies in Session

Hearing before IACtHR
Credit: CorteIDH via Flickr

In October, universal and regional human rights bodies and experts will review States’ compliance with their human rights obligations through the consideration of State and civil society reports and country visits. Four United Nations treaty bodies and two pre-sessional working groups will hold sessions to assess States’ progress regarding enforced disappearances; economic, social, and cultural rights; women’s rights; children’s rights; and civil and political rights. Nine UN special procedures will conduct country visits in October. Additionally, three UN Working Groups will hold sessions in Geneva. Of the regional bodies, the African Commission on Human and Peoples’ Rights (ACHPR), European Committee on Social Rights (ECSR), Inter-American Commission on Human Rights (IACHR), and Inter-American Court of Human Rights (IACtHR) will all be in session. The European Court of Human Rights (ECtHR) will hold a Grand Chamber hearing.

The UN treaty body sessions may be watched via UN Web TV. The public hearings of the IACtHR, IACHR, and ECtHR may be viewed via the IACtHR’s Vimeo page, the IACHR’s YouTube page, and the ECtHR’s website, respectively.

To view human rights bodies’ past and future activities, visit the IJRC Hearings & Sessions Calendar.

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African Commission Finds Violations in Cameroon’s Denial of Broadcasting License

CAL representative addresses ACHPR
ACHPR in Session

ACHPR in Session
Credit: IJRC

On September 18, 2019, the African Commission on Human and Peoples’ Rights (ACHPR) published a decision finding Cameroon responsible for violating the rights to freedom of expression, non-discrimination, and property of a media company and its director, when it failed to create an independent licensing authority that could grant the company’s radio station a broadcasting license. See ACommHPR, Open Society Justice Initiative (on behalf of Pius Njawe Noumeni) v. the Republic of Cameroon, Communication No. 290/2004, Merits Decision, 25th Extraordinary Session (2019). Drawing and elaborating on jurisprudence from other regional and international human rights bodies, the Commission concluded that the lack of independent and transparent licensing procedures limits diversity in broadcasting and is contrary to the African Charter on Human and Peoples’ Rights (African Charter). See id. at para. 171.

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African Commission Seeks Comments on Revised Rules of Procedure

African Commission on Human and Peoples’ Rights, 61st Ordinary Session

The African Commission on Human and Peoples’ Rights (ACHPR) is calling on State and non-State actors, including civil society, to provide input on the most recent draft of its revised Rules of Procedure. [ACHPR Press Release] The Revised Clean Draft for Public Consultation (Draft Rules), currently available in English, French, Portuguese, and Arabic, was adopted by the ACHPR at its 25th Extraordinary Session, which was held from February 19 to March 5, 2019, and will replace the standing Rules of Procedure that have been in effect since May 2010. [ACHPR Press Release] The Draft Rules modify some of the formal deadlines and other requirements that govern the ACHPR’s work, including its processing of complaints and internal procedures; outline expectations for its interaction with other stakeholders; and help define the scope of the ACHPR’s authority.

All inputs and contributions are due by September 27, 2019, and should be sent via email to the ACHPR Secretariat at au-banjul@africa-union.org. [ACHPR Press Release] In an effort to facilitate civil society participation in the revision process, this post highlights some of the most notable changes to the 2010 Rules of Procedure.

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September 2019: UN Treaty Bodies, Human Rights Council, And Regional Bodies in Session

Human Rights Council in Session
Credit: UN Photo/Jean-Marc Ferré

In September, universal and regional human rights bodies and experts will review States’ compliance with their human rights obligations through the consideration of State and civil society reports and country visits. Three United Nations treaty bodies and one pre-sessional working group will hold sessions to assess States’ progress regarding the rights of persons with disabilities, children, and migrant workers. The Human Rights Council will consider the overall human rights situations in 14 countries. Nine UN special procedures will conduct country visits in September. Additionally, the UN Working Group on enforced or involuntary disappearances will hold a session in Geneva, Switzerland. Of the regional bodies, the Inter-American Court of Human Rights (IACtHR), the Inter-American Commission on Human Rights (IACHR), the African Court on Human and Peoples’ Rights (AfCHPR), the European Committee of Social Rights (ECSR) will be in session, and the European Court of Human Rights (ECtHR) will hold three Grand Chamber hearings.

The UN treaty body sessions may be watched via UN Web TV. The public hearings of the AfCHPR, IACtHR, IACHR, and ECtHR may be viewed via the AfCHPR’s YouTube page, the IACtHR’s Vimeo page, the IACHR’s YouTube page, and the ECtHR’s website, respectively.

To view human rights bodies’ past and future activities, visit the IJRC Hearings & Sessions Calendar. Read more

African Commission Seeks Input for Revised Freedom of Expression Declaration

ACHPR Special Rapporteur on Freedom of Expression and Access to Information
Credit: Lawrence Mute via Twitter

The African Commission on Human and Peoples’ Rights (ACHPR) is revising its Declaration of Principles on Freedom of Expression in Africa to address new technological advances, online activity, and internet restrictions throughout Africa, and is requesting input from stakeholders. [ACHPR Press Release] The Special Rapporteur on Freedom of Expression and Access to Information in Africa invites comments from civil society, States parties, and others on a new draft Declaration of Principles on Freedom of Expression and Access to Information in Africa. [ACHPR Press Release] The Draft Declaration, currently available in English, French, and Portuguese, follows from a series of resolutions adopted by the African Commission in 2012 and 2016, mandating updates that better address the impact of the internet and digital technologies on the right to freedom of expression and access to information. [ACHPR Press Release] Civil society submissions should be emailed to the Secretariat of the African Commission at au-banjul@africa-union.org by July 1, 2019. [ACHPR Press Release]

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June 2019: UN Treaty Body, Human Rights Council, and Regional Bodies in Session

African Court on Human and Peoples' Rights session banner

African Court on Human and Peoples’ Rights session banner
Credit: African Court on Human and Peoples’ Rights (via Flickr)

In June, several universal and regional human rights bodies and experts will review States’ compliance with their human rights obligations through the consideration of State and civil society reports and country visits. One United Nations treaty body will hold a session to assess States’ progress regarding the prevention of torture, and the Committee on the Rights of the Child Pre-Sessional Working Group will meet privately. The Human Rights Council will consider the overall human rights situations in 15 countries. Two UN special rapporteurs and one independent expert will conduct country visits in June. Additionally, the Working Group on the issue of discrimination against women in law and practice will hold a session in Geneva. Of the regional bodies, the African Court on Human and Peoples’ Rights (AfCHPR) will be in session and the European Court of Human Rights (ECtHR) will hold a Grand Chamber hearing.

The public hearings of the AfCHPR and the ECtHR may be viewed via the AfCHPR’s YouTube page, and the ECtHR’s website, respectively. To view human rights bodies’ past and future activities, visit the IJRC Hearings & Sessions Calendar.

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