Category Archives: African System

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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May 2019: UN Treaty Bodies And Regional Bodies In Session

Palais des Nations
Credit: Jean-Marc Ferré via Flickr

In May, 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, country visits, and the review of individual complaints. Three United Nations treaty bodies will hold sessions to assess States’ progress regarding the elimination of racial discrimination, the prevention of torture, and the rights of children. The Human Rights Council Working Group on the Universal Periodic Review will consider the overall human rights situations in 14 countries. Seven UN special rapporteurs, two independent experts, and one working group will conduct country visits in May. Additionally, four UN working groups will hold sessions in Geneva. Of the regional bodies, the African Commission on Human and Peoples’ Rights (ACHPR), the Inter-American Commission on Human Rights (IACHR), the Inter-American Court of Human Rights (IACtHR), and the European Committee on Social Rights (ECSR) 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 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.

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African Rights Court Orders Tanzania to Limit Body Cavity Searches

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

The African Court on Human and Peoples’ Rights (AfCHPR) recently issued its judgment in the case of Lucien Ikili Rashidi v. Tanzania, finding the State violated a non-citizen’s rights when its agents detained him, subjected him to an anal search, and did not resolve his legal claims for seven years after he was arrested for not having his passport and visa in his possession. See AfCHPR, Lucien Ikili Rashidi v. United Republic of Tanzania, App. No. 009/2015, Judgment of 28 March 2019. The AfCHPR found violations of Ikili Rashidi’s rights to residence, freedom of movement, integrity of person, dignity, and to be tried within a reasonable time. Ultimately, the Court awarded Ikili Rashidi and his family modest financial compensation and ordered Tanzania to take measures to ensure that all future cavity searches would be in compliance with international standards, as clarified by the European and Inter-American human rights bodies. See id. The judgment is one of six the AfCHPR released in late March, three of which concern Tanzania. [AfCHPR Press Release] Read more

Human Rights Experts Condemn Continuing Internet Shutdowns in African Countries

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

A number of African countries have drawn international criticism amid a wave of internet shutdowns aimed at restricting access to information and discourse on social, economic, and political issues. Between December 2018 and January 2019, Sudan, the Democratic Republic of Congo (DRC), Gabon, and Zimbabwe cut off access to the internet in response to protests. [ACHPR Press Release: Shutdowns] Human rights groups and experts have condemned these moves as illegal acts of repression, citing violations of the rights to freedom of expression and access to information. [ACHPR Press Release: Shutdowns; OHCHR Press Release; Access Now Press Release] While the internet shutdowns in Africa contribute to a trend of increasing shutdowns around the world, the international response demonstrates that internet access is now recognized as essential to the exercise of human rights.

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December 2018: United Nations and Regional Human Rights 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 December, several 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, country visits, and the review of individual complaints. Two United Nations treaty bodies will continue reviewing States’ progress, with regard to the elimination of torture and racial discrimination, in sessions that began last month. Four UN special procedures will conduct country visits in December, and two UN working groups will hold sessions.

Regionally, the African Court on Human and Peoples’ Rights (AfCHPR), the Inter-American Commission on Human Rights (IACHR), and the European Committee of Social Rights (ECSR) will be holding public sessions.

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

November 2018: United Nations and Regional Human Rights Bodies in Session

Human Rights Council Tenth Session Participants
Credit: UN Photo/Pierre-Michel Virot

In November, several 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, country visits, and the review of individual complaints. Five United Nations treaty bodies will meet to review States’ progress with regard to civil and political rights, women’s rights, enforced disappearances, torture, and racial discrimination. The Universal Periodic Review (UPR) Working Group will also be in session and will conduct interactive dialogues with representatives from 14 States. Eleven UN special procedures will conduct country visits this month, and two UN working groups will hold sessions.

Regionally, the African Commission of Human and Peoples’ Rights (ACHPR), the African Court on Human and Peoples’ Rights (AfCHPR), the African Committee of Experts on the Rights and Welfare of the Children (ACERWC), and the Inter-American Court of Human Rights (IACtHR) will be holding public sessions. The European Court of Human Rights (ECtHR) will hear arguments in three cases.

The UN treaty body sessions, the AfCHPR’s public hearings, the public hearings of the European Court, and the public hearings of the IACHR may be watched via UN Web TV, the African Court’s YouTube channel, the European Court’s website, and the Inter-American Court of Human Rights’ website or Vimeo page, respectively. To view human rights bodies’ past and future activities, visit the IJRC Hearings & Sessions Calendar.

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African Child Rights Committee Decides First Complaint Involving Sexual Violence

ACERWC
ACERWC

ACERWC hearing
Credit: ACERWC

On September 10, 2018, the African Committee of Experts on the Rights and Welfare of the Child (ACERWC or Child Rights Committee) published its first decision involving sexual violence against a minor, finding that Cameroon had failed to adequately investigate, punish, and redress the rape of a 10-year-old girl. [ACERWC] The Child Rights Committee found that the State’s lack of due diligence also amounted to gender discrimination and a violation of the minor’s right to be free from torture or inhuman or degrading treatment. See ACERWC, Institute for Human Rights and Development in Africa and Finders Group Initiative on behalf of TFA (a Minor) v. Cameroon, Communication No. 006/Com/002/2015, Merits Decision, 31st Ordinary Session (2018). The decision, which the minor’s representatives hailed as ground-breaking, diverges from a 2016 African Commission on Human and Peoples’ Rights decision in which it declined to find that Ethiopia’s failure respond with due diligence to the rape of a minor constituted gender-based discrimination. See ACommHPR, Equality Now and Ethiopian Women Lawyers Association (EWLA) v. Ethiopia, Communication 341/2007, Merits Decision, 19th Extra-Ordinary Session (2016), paras. 133-34, 150. Read more

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