1. 1. Vision, Mission, Guiding Principles and Values

The Commission’s Vision is “An Africa characterised by respect for and observance of human rights, where the rights guaranteed under the Charter are known and advocated for and by African people; and promoted, protected, respected and fulfilled by State Parties.”

The Mission of the Commission is “to promote, monitor and protect the human and peoples’ rights guaranteed in the African Charter”.

Principles and Values

In line with the African Charter, the Maputo Protocol and the Commission’s Rules of Procedure 2020, the principles and values that guide and inform the development of this Strategic Plan as well as its implementation and monitoring include:

1. Competence and accountability: The internal decision making and implementation processes should be informed by adequate knowledge, skill, judgment and efficiency and should embody the elements of transparency, accountability, inclusiveness and responsiveness. This is demonstrated in the Commission’s endeavour to hire, invest and

⁴²This was done through a survey which was shared publicly on different online platforms of the Commission and other AU institutions such as the African Union Commission and the AGA platform. The questionnaire was also distributed to Member States, AU organs and NHRIs of AU Member States.

retain competent members of staff who have the commitment to human rights and to professional excellence;

2. Equity, non-discrimination, and inclusiveness: The Commission shall ensure that it upholds equity, non-discrimination and inclusiveness in the implementation of this Strategic Plan and exercise of its mandate generally.
3. Equality: In line with the standards set out in the African Charter, the Commission shall treat all individuals who seek to access and obtain redress from it without distinction.
4. Gender Justice: The Commission shall uphold the rights of women and girls which will contribute to transformation of regressive social and cultural norms and practices. The Commission will take into account the experiences and challenges encountered by different groups of women – rural, urban, young, elderly, widowed, women with disabilities etc.
5. Impartiality and Independence: The Commission shall in its methods of work, selection of Commissioners, relationship with AU Organs and institutions, State Parties, NHRIs, CSOs and other partners exercise independence and impartiality. The recommendations of the Commission shall be founded on an objective criterion and shall treat all parties without fear, favour and prejudice. This is critical to the effective discharge of the mandate of the Commission as well as its reputation, trust and acceptability.
6. Integrity: The Commission shall be committed to integrity both in theory and practice. This means that the Commission shall be consistent in its actions, values, measures, methods, and principles. This is critical to safeguarding the reputation and acceptability of the Commission.

Cross-Cutting Issues

Building on the guiding principles and values outlined above, the following cross-cutting approaches are critical to the realisation of the overall goal and outcomes of the Strategic Plan.

1. Working in collaboration and coordination with relevant stakeholders: To maximise resources, avoid duplication of efforts and leverage the strengths and comparative advantages of each of the stakeholders in the execution of the Commission’s mandate.
2. Harnessing technology and innovation: this will be central to advancing and implementation of the overall goal and outcomes of the Strategic Plan.
3. Building on the lessons learnt in the implementation of the previous strategic plans: This is crucial to consolidating the achievements already attained, avoiding repetition of past mistakes, building on and reinforcing the gains and effective implementation as well as monitoring of this strategic plan.

These principles and cross-cutting issues have been the basis for designing and implementing the African Commission’s previous strategic plans and reflect the standards and principles enshrined in the AU Shared Values such as the African Charter and ACDEG.

1. 2. Strategic Goals, Outcomes and Outputs

Over the next Strategic period, the overall goal is a revitalised mandate and capacity of the African Commission to promote and protect human and peoples’ rights in Africa.

Based on the lessons learned from the implementation of the previous strategy and the context in which the Commission will operate in the coming years, five strategic outcomes were adopted to guide the work of the Commission under the Strategic Plan (2021-2025) (See Figure 1).

1. Enhanced delivery of the Protection Mandate;
2. Strengthened legal systems and institutional frameworks at the national level for the promotion and protection of human and peoples’ rights
3. Improved knowledge, public awareness about and engagement with the Commission among the wider African public especially women and youth;
4. Enhanced monitoring, follow up and tracking of compliance by State Parties; and
5. Strengthened human, financial and technical resources for the Commission.

1. 1. 1. Enhanced delivery of protection mandate

           To ensure the Commission effectively carries out its protection mandate, this Strategic Plan focuses on the                        following 3 output areas:

1. Effectiveness of the Communications handling procedure improved;
2. Capacity to prevent, address and respond to gross and massive human rights violations bolstered; and
3. Complementarity between and among the Commission, the African Court and the ACERWC reinforced

     Rationale

The African Charter under Article 45 (2) provides that the functions of the Commission shall include ensuring the protection of human and peoples’ rights under conditions laid down by the Charter. The protection mandate of the Commission is mainly constituted by complaints (Communications) of violations of human and peoples’ rights provided for under the Charter. The complaints are instituted by individuals and civil society organisations against State Parties or by one State Party against another. The communications procedure has three progressive stages namely: seizure, admissibility and merits.

The Commission can undertake two forms of protective missions: on-site missions and fact- finding missions.⁴³ On-site missions are conducted when a number of communications are instituted against a State Party.⁴⁴ Fact-finding missions are undertaken in situations where an allegation or report of a wide-ranging nature is made against a State Party.⁴⁵ During protection missions, State Parties have an obligation ‘to refrain from taking reprisal action against persons or entities that furnished the mission with information, testimony or evidence; guarantee free movement of members of the mission including any necessary internal authorisation; provide the mission with any information or document which the mission considers necessary in order to prepare its report; and take steps to protect members of the mission.’⁴⁶

The Commission has taken steps to clear communications and issue urgent appeals as intervening measures in urgent situations or matters posing imminent danger of irreparable harm to individuals. For example, between November 2018 and May 2019, the Commission

⁴³Centre for Human Rights, University of Pretoria, A Guide to the African Human Rights System: Celebrating 30 years since the entry into force of the African Charter on Human and Peoples’ Rights 1986 – 2016 (2016) p 34.

⁴⁴As above.

⁴⁵As above.

⁴⁶As above p 35.

issued a total of 83 Urgent Appeals and five Provisional Measures.⁴⁷ In addition, the Commission has also been undertaking fact-finding missions in various State Parties.

Article 2 of the Protocol to AfCHPR provides that the Court shall ‘complement the protective mandate of the ACHPR.’ The relationship between the two institutions has been explained and interpreted in the 2020 Rules of Procedure of ACHPR. According to Rule 129, the Commission is required to meet with the Court, at least once a year and whenever its necessary, to consider matters of mutual interest. The Bureau of the Commission and the Court’s Bureau may meet as frequently as necessary to carry out any functions assigned by the two institutions. Under Rule 130, the Commission may refer a communication to the Court where the respondent State has ratified the Court’s Protocol. The Commission in line with Article 6(1) of the Court’s Protocol may give its opinion on admissibility of a case pending before the Court.⁴⁸ The Commission considers State reports, when States report on the measures they have adopted to implement the Charter. This enhances complementarity because the Commission may require States to report on the status of the implementation of all human rights decisions including those rendered by the African Court.

The two institutions have continued to strengthen their relationship and consolidate the complementarity envisaged in the Protocol. For the first time in 2011, and in response to numerous allegations of human rights violations in Libya, the Commission referred a case to the African Court. Out of the 238 applications received by the Court by September 2019, 3 Applications were received from the Commission and 4 were transferred to the Commission.⁴⁹

Special Rapporteurs established by the Commission conduct country visits. Through such visits, the Special Rapporteurs could enhance the complementarity of the two institutions by engaging national authorities as to reasons for non-implementation of certain decisions of the African Court and consequently and systematically transmitting that information to the Court.

However, this complementarity is undermined by several challenges. The Commission’s capacity to transfer cases to the Court is limited by the fact that only eight States deposited the declaration to allow NGOs and individuals to access the African Court directly. In addition, the transfer of cases does not galvanise support as this has in the past been seen as rendering the Commission a party on behalf of the victim. The lack of the necessary qualified human resources to support the Commission in preparing litigation files to transfer to the Court has been a major challenge. At times, interpreting internal rules posed a further challenge as questions were raised for instance on whether the Commission has the right to retract. The Commission’s new rules of procedure could help overcome some of these blockages.

The Commission has faced multiple challenges in the execution of its mandate. Some of the challenges include:

1. 1. 1. 1. Backlog of communications;
         2. Inadequate implementation of the Commission’s by State Parties recommendations including provisional measures;
         3. Lack of a dedicated implementation unit and monitoring mechanisms at the Secretariat of the Commission to regularly monitor implementation of its decision; and
         4. Limited use of the coordination and collaborative role of the Network of African National Human Rights Institutions (NANHRI) to promote the engagement and flow of

⁴⁷ AmnestyInternational,TheStateoftheAfricanRegionalHumanRightsBodiesandMechanisms2018-2019.

⁴⁸Rule 131 of the Rules of Procedure of the African Commission on Human and Peoples’ Rights, 2020.

⁴⁹See https://www.african-court.org/en/index.php/cases/2016-10-17-16-18-21Accessed on 23 February, 2020.

information between NHRIs and the Commission.

Output areas

1. Effectiveness of the Communications handling procedure improved

The challenge of a backlog of cases has been a persistent one for the Commission. As indicated in the Matrix on the Implementation of the 2015-2019 ACHPR Strategic Plan, statistical analysis shows that the Commission is struggling to effectively deal with backlog of communications. For example, the Commission had 232 pending communications by November 2017, a significant increase of 217% from the pending 73 cases in May 2007. By May 2019, the backlog had slightly grown to 240. The Commission received 52 new communications between November 2018 and May 2019 and only cleared 31 of the total communications it had received. With Commissioners working on a part-time basis and having other responsibilities and the Commission’s Secretariat having lean staff, the problem of backlog of communications has continued.   It is pertinent that it improves the procedure of handling communications with the aim of ensuring efficiency and effectiveness. The indicative activities for this output include:

1. 1. Mobilise adequate human and technical resources of the Secretariat, taking into account linguistic diversity, dedicated to handling communications to enhance capacity and efficiency of the protection mandate;
   2. Develop and implement an electronic communications handling system;
   3. Designate sessions to exclusively deal with communications;
   4. Develop, adopt and disseminate a comprehensive communications handling manual

2. Capacity to prevent, address and respond to gross and massive human rights violations bolstered

To discharge its protective mandate effectively, the Commission should improve its capacity to prevent, address, and respond to gross and massive human right violations as per Article 58 of the Charter.   As  noted  in  the     Commission’s 2019 study on Addressing Human Rights Issues in Conflict Situations, due to  its  mandate  and  the  character  of  its  activities,  the  Commission  is regularly and continuously involved in addressing human rights in conflict situations.⁵⁰ According to the Study, the Commission faces five challenges in conflict situations namely, the protection challenge, promotion challenge, challenges in remedying violations occasioned by conflict, challenge of prevention and the challenge of coordination and synergy with the relevant AU Mechanisms. Based on these challenges, the Study urged the Commission to consider taking an approach that is based on following priorities: Monitoring and response; Prevention; Mainstreaming of human rights into conflict prevention, management, resolution and  post-conflict   reconstruction   and  development;   Remedial   action;  and  Institutional coordination and synergy with the institutions identified above including through operationalisation of Article 19 of the PSC Protocol, for example through annual consultative meetings and development of early warning systems.

The Communiqué of the 866th meeting of the PSC on its consultation with ACHPR held in August 2019 underscored the need for the Commission to provide early warning briefings on the state of human rights to the PSC. It also highlighted the need for the Commission’s

⁵⁰See African Commission on Human and Peoples’ Rights, Addressing Human Rights Issues in Conflict Situations: Towards A More Systematic and Effective Role for the African Commission on Human and Peoples’ Rights (2019) pg xii-xiii.

Secretariat to ‘propose a modality for the establishment of a coordinated early warning mechanism on human rights issues on the Continent’ between itself and the PSC. This emphasises the utility of the Commission’s early warning and early response to conflict and emergency situations. The indicative activities for this output include:

1. 1. Develop collaboration and working methods with the AU Assembly the Executive Council, Peace and Security Council and the PRC Sub-Committee on Democracy,

Governance and Human Rights

1. 2. Enhance capacities of the Commission to monitor, track, analyse, report and respond to human rights violations throughout the entire conflict cycle and emergency situations
   3. Develop collaboration and working methods with other AU organs, institutions, and mechanisms to protect human rights violations in conflict and emergency situations
   4. Convene periodic briefings to the PSC and PAP on the state of human rights in Africa
   5. Timeously issue and encourage State Parties to respond to urgent appeals and letters of concern;
   6. Promote the AU Transitional Justice Policy and provide support to Member States to implement transitional justice measures and processes

3. Complementarity between and among the Commission, the African Court and ACERWC reinforced

The complementary relationship between the Commission and the African Court is critical to the realisation of the protection mandate. The indicative activities for this output area include:

1. 1. Carry out joint planning and joint sessions/retreats
   2. Establish and adequately resource a litigation unit dedicated to transfer and/or litigate cases before the African Court;
   3. Implement the case referral guidelines;

1. 1. 2. Strengthened legal systems and institutional frameworks at the national level for the promotion and protection of human and peoples’ rights

Rationale

National norms, systems and institutions for the promotion and protection of human rights at the national level are critical to ensure compliance with Member States’ obligations under the African Charter. Article 1 requires State Parties to undertake legislative or other measures to give effect to rights, duties and freedoms enshrined in the Charter. Moreover, the AU has adopted an array of progressive norms on human rights, governance, and the rule law. While the Continent has recorded some gains on human rights and democratic governance, the promotion and protection, as well as the effective internalisation of the norms and obligations outlined in the African Charter remains a serious challenge.

The internalisation and implementation of human rights obligations provided under the African Charter and other AU legal frameworks requires robust national legal and institutional infrastructures. These infrastructures may be directly involved in the promotion and protection of human and peoples’ rights or they may exercise oversight functions. Upon the request of Member States, the Commission will engage and support them to strengthen their national legal regimes and infrastructure for protection and promotion of human rights.

Output areas

1. National norms, processes, systems and institutions for the protection and promotion of human rights refined

The Commission will provide technical support to Member States in the process of domestication and implementation of the Charter. This may include norms adoption and reform of laws, enhancing capacity of institutions and the review or reform of existing legislation or institutional infrastructures to ensure compatibility with obligations and duties under the African Charter and other AU human rights instruments. This is key towards internalisation, promotion and protection of human and peoples’ rights. Sound legislation and institutional infrastructures anchor the necessary processes that enhance effective response to challenges that undermine the realisation of the rights and freedoms contained in the African Charter and other AU human rights instruments. The indicative activities for this output include:

1. Provide technical Member States to adopt and reform laws and policies and strengthen institutions that enhance adherence to state obligations under the African Charter;
2. Promote and support Member States to ratify, domesticate and implement AU instruments on human rights
3. Provide support to national mechanisms to facilitate implementation of recommendations/Concluding Observations of the Commission

2. Capacity of national institutions with human rights mandate bolstered

To support and amplify the work of national institutions with a human rights mandate, it is useful for the Commission to jointly work with them and promote their visibility. This will ensure that more people at both national, regional and continental levels become aware of and know about the functions of the national institutions and their utility in contributing to the realisation of human rights, duties and freedoms. This may also incentivise other stakeholders to support national institutions through provision of technical, financial, and human resources.

The Indicative activities for this output include:

1. 1. Work jointly with NHRIs, CSOs and Human Rights Defenders in organisation of and participation in events to mark human rights days and milestones;
   2. Provide technical support to national institutions such as prisons, police service, truth and reconciliation commissions etc. to ensure that their policies, practices and decisions uphold the human rights standards outlined in the African Charter;
   3. Include the milestones attained by and challenges facing various NHRIs, CSOs, Human Rights Defenders especially women and youth in the biennial State of Human Rights Africa Report;

1. 1. 3. Improved knowledge, public awareness about and engagement with the Commission by the wider African public especially women and youth

Rationale

The visibility, improved knowledge, public awareness about and engagement with the Commission by the wider African public particularly women and youth are important to the realisation of the Commission’s mandate. The increase in the number of communications filed before the Commission shows the increase in visibility of the Commission over the years. However, as indicated in the Matrix on the Implementation of the 2015-2019ACHPR Strategic Plan, one of the shortcomings the Commission still faces is the lack of an effective and sustained communication, interaction and engagement with stakeholders such as women, youth, media, academia, professional associations and private sector generally.

Although the Commission has existing relationships with States, NHRIs, and CSOs, it is necessary to strengthen these relationships while at the same time build new relationships with media and academia at national, regional and continental levels, professional associations such as bar associations, trade unions, youth and women groups including those outside the human rights community. This will be critical to promoting knowledge and public awareness of the Commissions mandate and activities. It will increase the visibility of the Commissions work beyond the human rights community, bridge the knowledge gap between the Commissions work and wider African public and most importantly inform policy making across the Continent.

Article 45(1) of the Charter provides the basis for the Commission to generate knowledge, raise public awareness and engage different stakeholders such as youth and women on human and peoples’ rights in Africa. In addition, Article 46 of the African Charter provides that ‘the Commission may resort to any appropriate method of investigation’ in undertaking its responsibilities’. A similar inference may be made from Article 45 of the African Charter.⁵¹ In line with these provisions, the Commission has established special mechanisms constituting special rapporteurs and working groups. Special mechanisms undertake promotional activities through country visits, investigate human rights violations and carry out research on human rights issues.⁵²

⁵¹Centre for Human Rights, University of Pretoria, A Guide to the African Human Rights System: Celebrating 30 years since the entry into force of the African Charter on Human and Peoples’ Rights 1986 – 2016 (2016) p 32.

⁵²As above.

Investigative missions covering violations pertaining to specific crises can be led by the Commission or can be mandated by the PSC or the Executive Council of the AU. Special rapporteurs are appointed from members of the Commission while working groups may be made up of both commissioners and independent experts.⁵³ Special mechanisms are essential to raising awareness, knowledge generation and engaging various stakeholders on promotion and protection of human rights in Africa. However, as noted in the Matrix on the Implementation of the 2015-2019 ACHPR Strategic Plan, at times Special Mechanisms carry out their work in silos which risks fragmenting the Commission’s work and undermining its mandate. Notably, the 2020 Standard Operating Procedures on the Special Mechanisms of ACHPR encourage Special Mechanisms to take joint action whenever it is appropriate to do so, for example, where there are cross-cutting issues that relate to multiple mandates.⁵⁴

Since 1996, the Commission has been conducting promotional missions to sensitise Member States about their obligations under the African Charter, encourage those that have not ratified the Charter or other human rights instruments to ratify them and/or to urge non-reporting State Parties to comply with their reporting obligations.⁵⁵ The Commission has also adopted thematic and country specific resolutions and guidelines covering a broad range of themes such as the death penalty, freedom of association, situation of women and children, socio- economic rights, indigenous peoples, HIV/AIDS, electoral processes and good governance, prisons, and fair trial.⁵⁶

The Commission has also adopted country specific resolutions focused on germane human rights concerns in Member States.⁵⁷ This has particularly been instrumental in situations where widespread violations of human rights has been experienced in a Member State.⁵⁸

However, the Commission and the special mechanisms in particular, have encountered several challenges in the quest to discharge the promotional mandate of the Commission, raising public awareness and stakeholder engagement. These challenges include:

• The work of the Special Mechanisms has tended to overshadow the core mandate of the ACHPR – protection especially in view of limited resources;
• Slow responses from State Parties on requests for Promotion Missions;
• Unclear, ad hoc and inconsistent process of initiating and formulating norms and standards;
• Promotional missions are dependent on the consent of States which is not always given;
• Insufficient resources;
• Lack of a dedicated implementation or monitoring unit/mechanism at the Commission’s secretariat to regularly monitor implementation of its recommendations of promotional missions and visits.

⁵³As above.

⁵⁴   The Commission Special Mechanisms include: Special Rapporteur on Prisoners, Conditions of Detention and Policing in Africa (1996); Special Rapporteur on Rights of Women (1999); Working Group on Indigenous Populations/Communities in Africa (2000); Special Rapporteur on Freedom of Expression and Access to Information (2004); Special Rapporteur on Human Rights Defenders; Special Rapporteur on Refugees, Asylum Seekers, Migrants and Internally Displaced Persons; Committee for the Prevention of Torture in Africa; Working Group on Economic, Social and Cultural Rights; Working Group on Death Penalty and Extra-judicial, Summary of Arbitrary Killings in Africa (2005); Working Group on Rights of Older Persons and People with Disabilities (2007); Working Group on Extractive Industries, Environment and Human Rights Violations (2009); and Committee on the Protection of the Rights of People Living with HIV and Those at Risk, Vulnerable to and Affected by HIV (2010

⁵⁵Centre for Human Rights, University of Pretoria, A Guide to the African Human Rights System: Celebrating 30 years since the entry into force of the African Charter on Human and Peoples’ Rights 1986 – 2016 (2016) p 34.

⁵⁶As above p 36.

⁵⁷As above p 37.

⁵⁸As above.

Output areas

1. Promotional missions revitalised

Considering the challenges highlighted above, the Commission requires a revitalisation of its promotional missions to effectively discharge its promotional mandate, raise public awareness and engagement. The key indicative activities for this output area include:

1. Undertake joint promotional missions with other AGA Platform Members such as the Court, APRM, PAP and UN special procedures with the aim to leverage on their experience, practical knowledge and relationship with State Parties;
2. Meaningfully engage women, youth, minorities and other marginalised groups including those outside the human rights community during promotional missions to State Parties;
3. Strengthen relationships with media, academia and the creative industry professional associations such as bar associations, trade unions at national, regional and continental levels;
4. Provide technical support to Member States and follow up on implementation of recommendations during promotional missions.

2. Consistency in initiation and formulation of norms and standards streamlined

Following theadhocprocessofinitiatingandformulatingnorms and standards, it is important for the Commission to develop a clear criteria and guidelines for the development and adoption of norms and standards aimed at enhancing its promotional mandate, raising public awareness and engagement. The indicative activities for this output include:

1. Develop, adopt and implement guidelines on the criteria for initiation and formulation of norms and standards by the Commission;
2. Popularise and disseminate the guidelines upon their adoption among relevant stakeholders.

3. Capacity and efficiency of Special Mechanisms for effective implementation of the core mandate of the Commission enhanced

To ensure effective and efficient discharge of responsibilities, knowledge generation, public awareness, and engagement by special mechanisms the following indicative activities are proposed.

1. 1. Review and align the existing special mechanisms with the core mandate and priorities of the Commission and streamline their working methods in line with the New Guidelines on Special Mechanisms.
   2. Provide technical support and follow up of the recommendations made by special mechanisms

4. Cooperation and collaboration between the African Commission and its special mechanisms with UN Special procedures strengthened

Cooperation and collaboration between African Commission and its special mechanisms with the UN Special procedures will provide an opportunity for the Commission to leverage on the experience and practical knowledge of the UN Procedure to promote and protect human rights in Africa. The indicative activities for this output area include:

1. Implement the Addis Ababa road map;
2. Undertake joint activities and missions with the UN Special procedures

5. Visibility of and engagement with the Commission and service as a repository of information on human rights in Africa reinforced

To address the limited awareness and visibility of the Commission, it is important for the Commission to enhance its visibility to ensure more African peoples are aware, informed and are knowledgeable about the mandate of the Commission. This will be useful to the promotion of human rights on the continent particularly because more people will have access to information and knowledge about the activities and mandate of the Commission and will be able to seek redress. The indicative activities for this output area include:

1. Adopt and implement robust knowledge management, communication and visibility strategies;
2. Jointly organise with various stakeholders including AGA Platform Members, NHRIs and civil society actors, promotional activities including seminars on the sidelines of the sessions of the Commission;
3. Increase the use of traditional and new media, the arts, technology and innovation to increase the level of awareness of the African Commission;
4. Enhance engagement and interaction with African citizens particularly youth and women;
5. Generate, publish and widely disseminate a biennial State of human rights in Africa report
6. Jointly organise and participate in events to mark human rights days and milestones

1. 1. 4. Enhanced monitoring, follow up and tracking of compliance by State Parties

Rationale

Decisions of international human rights courts and institutions are not self-executing although their rulings may be legally binding or carry with them legal and moral force of international obligations. Therefore, it is necessary that follow-up, monitoring and tracking of compliance is undertaken. This is important because non-compliance with decisions of treaty bodies often leaves victims of human rights violations without a remedy despite a finding in their favour.

In order to ensure States comply with their obligations under the African Charter, Article 62 of the Charter requires State Parties to submit periodic reports to the African Commission. In October 1988, the Commission adopted a general guideline on the form and content of State reporting.⁵⁹ In 1998, the Commission adopted concise Guidelines to Periodic Reporting.⁶⁰ Further, the Maputo Protocol under Article 26 places an obligation on State Parties to the Protocol to include in their periodic report to the Commission under Article 62 of the African Charter, a report on legislative or other measures taken to implement the provisions of the Protocol. In 2009, the African Commission adopted Guidelines for Reporting on the Women’s Protocol and in 2010, the Commission adopted Guidelines for Reporting on Economic, Social and Cultural Rights.⁶¹

The African Charter provides for two types of reports: initial reports and periodic reports. Initial reports are to be submitted by a State Party two years after the ratification or accession to the African Charter and periodic reports are to be submitted every two years after the initial report. The State reporting mechanism provides a forum for constructive dialogue between the Commission and State Parties.

To complement State reports, NHRIs that have an affiliation status with the Commission submit reports on their activities every two years. CSOs that have been granted observer status by the Commission also submit shadow reports to the Commission. Shadow reporting is important to the work of the Commission as it makes the Commission aware of human rights issues that may have been overlooked in State reports.

In accordance with Article 62 of the African Charter, the Commission has been receiving State reports, although 5 States have never submitted a report to the Commission (Comoros, Guinea-Bissau, Equatorial Guinea, Sao Tomé and Principe, and Somalia). A significant number of States have also not been up to date with their State reporting obligations. For example, only 13 State Parties are up to date on their reporting obligations under the Maputo Protocol and none have reported on the Kampala Convention. Furthermore, NHRIs have been lagging behind in submitting reports on their activities. Moreover, compliance with the recommendations of the Commission both under its protection mandate and promotion mandate has been low.

Output areas

1. Compliance with State Parties’ reporting obligations improved

Enhanced compliance with State reporting obligations is critical to the promotion and protection of human rights in Africa. With enhanced State reporting, the Commission will be well placed to ascertain human rights issues that require its attention. The indicative activities for this output area are:

⁵⁹Centre for Human Rights, University of Pretoria, A Guide to the African Human Rights System: Celebrating 30 years since the entry into force of the African Charter on Human and Peoples’ Rights 1986 – 2016 (2016) p 27.

⁶⁰As above.

⁶¹   As above.

1. 1. Jointly develop consolidated State reporting guidelines with AGA Platform Members that will enable State Parties to submit one harmonised report that fulfils their reporting obligations for the various instruments they are party to;
   2. Deepen engagement and consultations with State Parties on their obligations to report during sessions of the Commission and during promotion missions;
   3. Encourage and support State Parties that have not yet reported to submit their reports;
   4. Provide technical support to Member States in implementing concluding observations and general comments and of State reports

2. Structured engagement with civil society and NHRIs in State reporting procedures intensified

CSOs and NHRIs can play a critical role in ensuring and enhancing States’ compliance with their reporting obligations which ultimately leads to better protection of human rights in Africa. The indicative activities for this output area include:

1. 1. Increase collaboration and partnership with CSOs and NHRIs in sensitisation missions on State reporting;
   2. Encourage NHRIs and CSOs to support State Parties with their reporting obligations;
   3. Encourage NHRIs and CSOs to submit activity and shadow reports respectively

3. Effective   monitoring, follow-up and implementation unit established and operationalised

As pointed out in the Performance Audit conducted by the Office of Internal Audit on the Commission in 2018, the ‘Commission does not have a monitoring and evaluation function to track and monitor implementation and results systematically, and measure the effectiveness of the achievement of its mandate.’ Lack of proper monitoring and follow-up of the implementation of the Commissions’ recommendations limits the effective protection of human rights in Africa, making it necessary to establish a monitoring unit at the Commission’s Secretariat. The Office of Internal Audit recommended the establishment of a monitoring and evaluation function. The indicative activities for this output area include:

1. 1. Establish a monitoring, follow up and implementation unit at the Commission’s Secretariat;
   2. Recruit adequate staffing and provision of funding to the monitoring unit;
   3. Regularly and consistently engage with State Parties as well as CSOs to monitor compliance.

4. Monitoring and support to Member States in the implementation of recommendations with respect    to its protection and promotion mandate institutionalised

During and after promotional missions, the Commission makes observations and where appropriate, issues recommendations to State Parties on effective implementation of the Charter. The Commission also makes recommendations upon the hearing and determination of Communications. However, there is no clear and structured process of supporting Member States to implement the recommendations after determination of communications and observations and recommendations made during or after promotional missions despite various requests to do so.

The Performance Audit conducted by the Office of Internal Audit on the Commission in 2018 indicated that out of the 16 concluding observations adopted by Commission between 2015 and 2018, none had been implemented by the State Parties in question. In addition, the Audit noted that there was no adequate follow up mechanism on compliance with the Commission’s recommendations resulting in low implementation by State Parties.

The effectiveness of the protection and promotional mandate of the Commission would be greatly enhanced if the Commission regularly monitored and tracked the implementation of its recommendations and concluding observations as well as supported Member States to implement the recommendations. The indicative activities under this output area include:

1. 1. Deepen and institutionalise structured engagement and consultations with Member States, the PRC Subcommittee on Democracy, Governance and Human Rights, the PSC,

AGA Platform and the AUC to track and follow up on implementation

1. 2. Provide technical support to Member States to implement its recommendations;
   3. Track and monitor implementation of its recommendations

1. 1. 5. Strengthened human, financial and technical resources for the Commission

Rationale

To effectively and efficiently carry out promotion and protection of human and peoples’ rights in Africa, the Commission requires adequate human, financial and technical resources. This is particularly the case if ACHPR aspires to maintain its place as a premium human rights institution in Africa.

Despite the importance of adequate staff and financial resources for the execution of the Commission’s mandate, the Commission has faced significant challenges of understaffing and underfunding. Until today, the construction of the Commission’s headquarters has not been undertaken. The Commission has always had lean staff who are often overstretched. Further, the Commission faces both inefficient use of resources as well as inadequacy of financial resources of the Commission due to insufficient funding from State Parties. These challenges are compounded by the fact that the AUC continues to manage staffing and financial resource matters from Addis Ababa. This makes it difficult to attend to staffing and human resource welfare issues timeously.

Output areas

1. Human resource capacity of the Commission and Secretariat improved

Enhanced human resource capacity is core to the effective execution of the mandate of the Commission. Without adequate human resource capacity, the Commission cannot function optimally in promoting and protecting human rights in Africa. The indicative activities for this output area include:

1. 1. Strengthen the capacity of Commissioners through enhancing their leadership roles, linguistic diversity, providing induction for new Commissioners and staff, and facilitating better cohesion between Commissioners and the Secretariat, as well as between the Commission and the AU;
   2. Expedite the recruitment processes for the Commission and partake in fellowships, exchange visits and secondments to supplement full-time staff;
   3. Effectively manage the human and financial resources and core operations of the Organisation, through a systematic program to reform the Organisation, processes, capacity enhancement and performance management of staff;
   4. Develop and implement a policy for continuous professional development of staff including trainings;
   5. Promote team building and strengthen working modalities between the Commissioners, the Secretariat and AUC

2. Adequate financial and technical resources attained for the Commission

Inefficient use of resources in addition to insufficient funding has been a bottleneck that hinders effective implementation of the mandate of the African Commission to promote and protect human and peoples’ rights on the Continent. Better use of resources as well as increasing availability of funds will significantly improve the performance of the Commission in the execution of its mandate. The indicative activities for this output area include:

1. 1. Adopt and implement a comprehensive resource mobilisation strategy and cost- efficient planning and procurement processes to ensure efficient use of resources
   2. Mobilise technical, financial and human resource support from the AU and strategic partners.

3. Sufficient resources and support for the construction of the African Commission’s headquarters mobilised

The construction of the headquarters of the Commission is critical to the effective discharge of its mandate. The Commission should be housed in a building and environment that inspires confidence in its status as a premier human rights institution in Africa.   The indicative activities for this output include:

1. Follow-up with the Government of  the Gambia and AUC on the construction of the Commission headquarters;