The African Commission on Human and Peoples Rights

In one line

Article 30 establishes the Commission to promote human and peoples' rights and ensure their protection in Africa, articles 31 to 44 govern its composition and working, and article 45 gives it four functions: promotion, protection, interpretation of all the provisions of the Charter, and any other task entrusted by the Assembly.

Establishment and composition

Article 30: an African Commission on Human and Peoples' Rights established within the Organisation of African Unity to promote human and peoples' rights and ensure their protection in Africa.

"Within" the organisation, not independent of it, and that placement shapes everything that follows, including the confidentiality rule.

Article 31: eleven members chosen from African personalities of the highest reputation, known for their high morality, integrity, impartiality and competence, with particular consideration given to persons having legal experience, serving in their personal capacity.

Legal experience is preferred and not required, which is a real difference from the courts, whose members must be qualified for high judicial office.

Article 32: not more than one national of the same State.

Article 33: elected by secret ballot by the Assembly of Heads of State and Government from lists nominated by parties.

Article 34: not more than two candidates per party, who must be nationals of parties, and when two are nominated by a State, one of them may not be a national of that State.

Article 36: six years, and eligible for re-election, with staggered first terms of two and four years decided by lot under article 37.

Re-eligibility is a structural weakness. A member who may be renominated by a government has an incentive that a judge of the European Court, elected once for nine years with no re-election, does not have.

Article 42: a Chairman and Vice Chairman for two years, re-eligible; the Commission lays down its own rules of procedure; seven members form the quorum; the Chairman has a casting vote; and the Secretary General may attend but may not deliberate or vote.

Article 41: the Secretary of the Commission is appointed by the Secretary General of the organisation, which provides the staff and services and bears their cost, and article 44 puts emoluments in the regular budget.

Financial and secretarial dependence on the political organisation is a recurring criticism.

Article 45: the four functions

Promotion

To collect documents, undertake studies and researches on African problems in the field, organise seminars, symposia and conferences, disseminate information, encourage national and local institutions concerned with these rights, and, should the case arise, give its views or make recommendations to Governments.

And to formulate and lay down principles and rules aimed at solving legal problems relating to these rights upon which African Governments may base their legislation.