Satang,
Your questions regarding the OAU African Commission on Human and Peoples' Rights cannot come at a better time considering the escalation of human rights violations in the very host country of the Commission... The Gambia.
The answers to most of your questions can be found in the African Charter on Human and Peoples' Rights and the Rules of Procedure of the African Commission. The Commission has a "complaint" mechanism by which individuals, non-governmental organizations and States can address a communication regarding human rights violations against another State party to the African Charter. In simpler terms, you or anybody else can file a communication in accordance with Art. 55 of the Charter against the government of The Gambia for violating human rights of her citizens under the said Charter. The Commission meets twice annually for a period of 10 days. It is during such sessions that such communications are discussed by members of the Commission and a letter of notification sent to the State concerned to respond to the charges. What happens after that? If the charges are found to be valid then the Commission adopts a resolution to condemn the State. These resolutions are stated in a report addressed to the OAU General Assembly. And that's it. In a continent where more than half of the governments intimidate, arrest, torture and kill innocent citizens, the impact of such a resolution can hardly be felt.
Most of the criticism levelled against the Commission has been the absence of a corresponding enforcement mechanism, in essence a human rights court such as the European Court for Human Rights or the Inter-American Court for Human Rights. Professor Makau wa Mutua called the Commission a "toothless tiger"; maybe fairly so.
There is presently a resolution tabled before the OAU Assembly of Heads of State and Government for the creation of an African Court of Human Rights. I understand that the project is being fettered by the lack of funds and of course the refusal of certain governments to endorse the creation of a court which will eventually discredit them. Maybe someday (i.e. if he survives all the plans being concocted against him) President Jammeh or his government will answer to charges brought before such a court by Gambians.
I think the debate should instead be centered around the effectiveness of the Commission, since its inception in 1986, to promote and protect human rights in Africa as defined in Art. 45 of the Charter.
Hamadi.
----Original Message Follows----
From: Satang Jobarteh <[log in to unmask]>
Reply-To: The Gambia and related-issues mailing list <[log in to unmask]>
To: [log in to unmask]
Subject: ROLE OF AFRICAN COMMISSION ON HUMAN RIGHTS
Date: Tue, 27 Jun 2000 10:49:41 GMT
I REQUEST FOR A DEBATE ON THE FOLLOWING:
1) ROLE OF AFRICAN COMMISSION ON HUMAN RIGHTS
2) THEIR EXISTENCE AND EFFECTIVENESS IN PROTECTING THE RIGHTS OF CIVIL
SOCIETY
3) WHEN CAN COMMISSIONERS TAKE UP A CASE ON BEHALF OF CIVILIANS
4) ARE THEY SERVING ANY PURPOSE, OR THE PURPOSE OF THEIR ESTABLISHMENT, IF
YES TO WHAT EXTEND.
CREATING AWARENESS ON ABOVE IS NECESSARY FOR BOTH CIVILIANS AND HUMAN RIGHT
ACTIVIST TO KNOW THEIR RIGHTS. AFTER HEARING FROM THE l, i WILL SHARE MY
VIEWS WITH YOU.
THANK YOU,
SATANG
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