Africa operates within a global ecosystem. It affects and is impacted upon by the geopolitical, socio-cultural and economic circumstances of the world. It is thus imperative to examine the current state of affairs globally in order to better understand Africa’s situation – as well as the ripple effects that Africa is not immune to. Respect for and protection of human rights offers States a pathway towards greater stability and is critical to building resilient and unified societies around the world where peace, security and development can be strengthened or rebuilt.
In the recent past however, the advancement of human rights has been greatly hampered by the rise of fundamentalism which is expressed by the rise to power of far-right governments and violent extremism; increasing intolerance in the form of sexism, racism and xenophobia; capitalistic, extractive and exploitative economies that have caused and greatly contributed to deepening inequalities; widespread displacement resulting from natural disasters, effects of climate change and conflict and the challenges posed by technological innovations. In this context, State and non-State actors have failed to adhere to protection of fundamental rights and basic principles of international human rights law.1
Further, inequality remains one of the major problems of the contemporary world. Despite the era of extra-ordinary economic growth and widespread improvements in living standards, there exist deep inequalities within and between States.2 Messages of ‘us’ vs ‘them’, discriminatory attitudes over who and what is acceptable and who should be excluded based on how they look, where they worship or where they come from are becoming increasingly prevalent.3 Gender, ethnicity, race, socio-economic status and place of residence continue to shape opportunities and outcomes.4 Mass protests and widespread unrest have been witnessed around the world fuelled by growing inequalities, unfulfilled socio-economic rights, job insecurity, income disparities, lack of opportunities and discontent and frustration across generations.5
These challenges while exogenous, remain relevant to the African context and are therefore important in shaping the engagement of the African Commission on Human and Peoples’ Rights (ACHPR) within the continent and, through its partnerships, beyond it.
Over the years, Africa has witnessed progress with respect to the state of human rights across the continent. Africa has developed an impressive array of normative and institutional frameworks on human rights, leading to the establishment of human rights bodies and mechanisms, including the African Commission on 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 Child (ACERWC), amongst others at regional and national levels.
1 Report of the Secretary-General: D. Promotion and protection of human rights (2016) https://www.un.org/sg/en/content/report-secretary-general-d-promotion-and-protection-human-rightsaccessed 8 March 2020.
2 2020. 2 UN Department of Economic and Social Affairs, World Social Report 2020: Inequality in a rapidly changing world January 2020 Pg 11.
5 As above.
More African States are continuing to affirm their respect for human rights. Some of the Member States such as Nigeria have, in the last two years, introduced bills against torture, forced evictions6 and removed prohibitive restrictions for young people to partake in the political arena. Ethiopia has adopted a progressive refugee proclamation that grants refugees access to social services, justice, employment opportunities, free movement and freedom to choose their residence.7 Additionally, the independence of the judiciary was exemplified in two notable cases in Kenya and Malawi where elections were annulled and results were overturned.
Over the past few decades, Africa has built an extensive body of instruments and policies to push forward the women’s rights agenda at continental, regional, and national levels. At the continental and regional level, various policy decisions have been adopted – including the Maputo Protocol that addresses the specific concerns of women across the continent. Provisions against sexual and gender-based violence, discrimination, harassment and upholding political, socio-economic and cultural rights of women and girls are now enshrined in constitutions and other pieces of legislation in countries across Africa. Regardless of the expanded normative commitments by African States, women’s rights continue to be undermined by inadequate implementation, institutional barriers, discriminatory and patriarchal social norms and practices, as well as by violence and intimidation.8 These factors are exacerbated in times of unrest and/or conflict, as witnessed in Libya and Central African Republic, among others.
The continent has recorded significant gains over the years, including the adoption of progressive policies which serve to promote and protect human rights. Yet, challenges related to slow compliance, implementation of and reporting on continental and regional commitments by Member States persist. Furthermore, some of the gains recorded over the years, including freedoms of expression, movement, information, assembly, and association have seen regression in some Member States. Human rights defenders, including women’s human rights defenders, continue to face widespread harassment, intimidation, abuse and death threats. In fact, 71% of appeals to Member States from the Commission were regarding the protection of human rights defenders.9
By the start of 2018, 20 Member States had abolished the death penalty.10 Even in Member States that have not yet abolished the death penalty, the number of executions has been on the decline. This progress notwithstanding, the number of extra-judicial killings on the continent is still worrying. Extra-judicial killings are prevalent in countries where freedom of expression is unjustly restricted by the State – where there is little room for dissent. Through freedom of expression, assembly and association, several AU Member States have experienced democratic change in leadership. States have however continued to enact laws and policies that restrict civil society organisations, human rights defenders and journalists in particular from freely exercising their right to information, assembly and association.11 These rights have often been restricted under the guise of security concerns, attempts to curb defamation as well as fake news. This has led to, in some cases, complete internet and telecommunication
6The State of African Regional Human Rights Bodies and Mechanisms 2018-2019, Amnesty International, 2019, https://www.amnesty.org/download/Documents/AFR0111552019ENGLISH.PDF
7 UNHCR welcomes Ethiopia law granting more rights to refugees, 18 January 2019.https://www.unhcr.org/news/press/2019/1/5c41b1784/unhcr-welcomes-ethiopia-law-granting-rights-refugees.html
8 Abdulmelik, Nebila and Belay, Tsion. Advancing Women’s Political Rights in Africa: the Promise and Potential of ACDEG. Africa Spectrum, 2019, Vol. 54(2) 147–161
9 The State of African Regional Human Rights Bodies and Mechanisms 2018-2019, Amnesty International, 2019, https://www.amnesty.org/download/Documents/AFR0111552019ENGLISH.PDF
10VOA, Burkina Faso Abolishes Death Penalty May 2018, https://www.voanews.com/africa/burkina-faso-abolishes-death-penalty
11USAID, Democracy, Human Rights and Governance, https://www.usaid.gov/southern-africa-regional/democracy-human-rights-and-governance/Accessed on 24 February, 2020.
shutdowns and in others, partial blockades of online spaces and platforms, taxes on social media, shutdowns of media houses and/or restrictions on their operation, surveillance and censorship. This is particularly the case during elections. Electoral related violence and unrest has often exacerbated and/or triggered human rights violations.12
Some AU Member States have also adopted policies that constrain civil society organisations (CSOs), effectively imposing State control over CSOs particularly those that work on human rights and governance issues.13 Restrictions that weaken operations of non-State actors constrain the space for democracy consolidation.14 Whereas the requirement for periodic renewal of CSOs, including probationary periods, is not wrong in and of itself, this requirement creates room for abuse and intimidation, at times forcing groups that wish to continue operating to toe the line.15
While armed groups and violent extremist elements wreak havoc and contribute to the deterioration of the human rights situation across the continent, counter-terrorism laws and practices that entail extra-judicial killings, arbitrary arrest and detention, disappearances and torture, can be equally counter-productive. This is particularly the case as efforts to uphold human rights can serve to prevent violent extremism whereas violations of human rights can be a basis of recruitment.16
Challenges and opportunities
The domestication and implementation of the plethora of AU’s progressive human rights and governance instruments is still a challenge. The challenges to implementation of human rights are attributable to, among others, existence of weak, ineffective institutions, limited political will and action to enforce human rights and freedoms as well as to technical blockades.17 It is also important to note that financial resources remain important in the implementation of human rights at the national, regional and continental levels. In their reports, States consistently cited lack of adequate resources as one of the challenges to effective implementation of human rights obligations. Furthermore, Africans are not sufficiently aware of key AU instruments such as the Charter. This is exacerbated by limited translation of these texts into local languages, which undermines local ownership. The conflation of these factors leads to poor human rights education and subsequently low legal literacy and citizen demand for rights.
The National Human Rights Institutions (NHRIs) are important in the advancement of human rights, good governance, democracy and sustainable development.18 There are 47 NHRIs in Africa and although they have increased the profile of human rights on the continent, they face challenges such as duplication of mandates with other State institutions, inadequate resources and lack autonomy considering that most are dependent on the executive branch for their financing. Despite this, several national institutions strive to make progress, and have approached the Commission for assistance.
12 The State of African Regional Human Rights Bodies and Mechanisms 2018-2019, Amnesty International, 2019, https://www.amnesty.org/download/Documents/AFR0111552019ENGLISH.PDF
13Musila G, ‘Freedoms Under Threat: The Spread of Anti-NGO Measures in Africa,’ A Freedom House Special Report..2019, https://freedomhouse.org/sites/default/files/05132019_UPDATED_FINAL_Africa_Special_Brief_Freedoms_Under_Threat.pdf/Accessed on 24 February. 2020.
14Green S, ‘Responding to Closing of Democratic Space,’ Centre for Strategic and International Studies. 2015,
https://www.csis.org/analysis/responding-closing-democratic-space/ Accessed on24February,2020.
16 The State of African Regional Human Rights Bodies and Mechanisms 2018-2019, Amnesty International, 2019, https://www.amnesty.org/download/Documents/AFR0111552019ENGLISH.PDF
17Chris Peter Maina, Human Rights Commissions in Africa – Lessons and challenges
18UNDP, Study on the State of National Human Rights Institutions (NHRIs) in Africa (2016) p 4
14 Green S, ‘Responding to Closing of Democratic Space,’ Centre for Strategic and International Studies. 2015, on 24 February, 2020. 15 As above. 16 The State of African Regional Human Rights Bodies and Mechanisms 2018-2019, Amnesty International, 2019, https://www.amnesty.org/download/Documents/AFR0111552019ENGLISH.PDF 17 Chris Peter Maina, Human Rights Commissions in Africa – Lessons and challenges 18 UNDP, Study on the State of National Human Rights Institutions (NHRIs) in Africa (2016) p 4
Some Member States continue to grapple with violent conflicts which in effect impede several rights especially socio-economic rights. This is exacerbated by poor infrastructure where service delivery is tied to a country’s performance on indicators relating to infrastructure and welfare such as reliability of electricity, roads and digital and IT services. The right to development is inextricably linked to broader governance issues including limited resources dedicated to health, water, and sanitation for millions of people.19 Furthermore, the situation during conflict is often characterised by gross violations of human rights, rampant sexual violence, and displacement among others. Women, children, asylum seekers, and refugees are the worst affected by conflicts. Impunity for violations, which can amount to war crimes and crimes against humanity is unfortunately rife. This further calls for seriously tackling the drivers of conflict.
Corruption, illicit financial flows and poor natural resource governance are part of challenges that undermine human rights and good governance in Africa. Corruption weakens public institutions, governance, and socio-economic development threatening the realisation of human rights and good governance on the Continent.20 Implementation of recommendations of national, regional and continental human rights mechanisms require greater attention.
The Covid-19 pandemic is posing challenges to human rights and governance in Africa. The Commission in its Resolution on the impact of Covid-19 notes that the pandemic ‘carries profound human rights consequences in the short to long term.’21 The Commission expressed concerns about the disproportionate impact restrictions put in place by States have on human rights and the adverse effects that they have on people’s livelihoods, security, food, water and sanitation, education, work and healthcare.22 The African Peer Review Mechanism (APRM) noted that the Covid-19 pandemic and the measures taken to address it have significantly impaired democratic and governance processes through severely constraining institutions in both public and private sectors and leading to limitations and violation of human rights and exacerbation of socio-economic inequalities.23
Despite the many challenges, there exist opportunities that can be capitalised on to enhance the promotion and protection of human rights. The role of technology and innovation presents the Commission with an opportunity to conduct and engage efficiently and proactively. The ongoing AU institutional reforms also present a unique chance to address some of the persistent challenges facing the Commission, including capacity and resource constraints, working methods and institutional structure.
The opportunity presented by the complementarity of the Commission and the African Court and collaboration with Members of the African Governance Architecture (AGA) is equally important. There are ongoing efforts to institutionalise a mechanism to monitor the implementation of the recommendations and decisions of the African Human rights system, and to continuously report non-compliance to policy organs to enable the Executive Council to urge State Parties to comply. Collaboration with NHRIs and CSOs during the process for application of Affiliate Status and Observer Status with the Commission remains an important opportunity to promote and protect human rights on the continent.24 Several States have
19Mo Ibrahim Foundation, Agendas 2063 & 2030: Is Africa on Track? African Governance Report (2019) p 28
20Bojang B.S, ‘Critical Issues Affecting Africa’s Development: Government, Democracy and Democratic Principles, and Governance as an Alternative for Socio-economic Development in Africa.’ 2017.
21See Resolution on Human and Peoples’ Rights as central pillar of successful response to COVID-19 and recovery from its socio-political impacts - ACHPR/Res. 449 (LXVI) 2020.
23APRM, Africa’s Governance Response to Covid-19: Preliminary Report 2020.
24Supra n.16.
grown more open to accept visits and host meetings, which will serve to improve dialogue. The Commission has become more proactive in congratulating countries for making progress including on ratification of instruments, further laying the ground for continued positive engagement and relationship building. Ensuring the protection and promotion of human rights remains a collective responsibility requiring the contribution of different actors.
Emerging Needs
Several emerging issues further complicate the human rights landscape in Africa and add to the list of human rights challenges that require the attention of the Commission. Some of the key emerging priority areas include violations related to the effects of climate change which increasingly are becoming the source of conflict, violence and displacement on the continent. The number of refugees and IDPs within Africa is already high and with the current trend of climate change, the situation looks bleak, further threatening the human rights situation in the region. There is thus an urgent need to address the causes of displacement and ensure protection of refugees and IDPs.25 Peace, security and development cannot be achieved without a sustainable and healthy environment.
Regulating the use of new technologies without compromising liberties represent another area of attention. A number of countries across the continent are enacting laws that have far reaching effects on the right to freedom of expression on the most common communication media in the contemporary world – the internet. The passage of restrictive cybersecurity laws curtailing the right to freedom of expression under the guise of national security is becoming a growing trend.
Business and human rights is also one of the areas that is coming to the fore. Although scholarly materials on multinational corporations’ violation of human rights in Africa is widely available, little has been done to regulate these corporations at national, regional and continental levels. This has prompted calls for the adoption of a legally binding instrument on business and human rights on the continent.
Excessive use of force by security personnel, including police brutality has begun to take centre stage. Fuelled by recorded documentation of these abuses, leading to widespread outrage and action, citizen’s movements are actively agitating and organising for security sector reform. This has come to the fore in recent times in Nigeria with country wide protests to dismantle a controversial police unit called the Special Anti-Robbery Squad (SARS) as well globally where movements against structural racism have resulted in calls to reform the justice system. The Commission must play a role in speaking about global racism and discrimination faced by its diaspora.
The management and ramifications of COVID-19 on human rights is a challenge that will remain with the continent for years to come. In addition to finding ways to combat Covid-19 in line with human rights obligations contained in the African Charter on Human and Peoples’ Rights and international human rights treaties and customary laws, there is an urgent need to put in place measures that ensure post-Covid-19 recovery adheres to international human rights standards. This requires that particular attention be paid to the unique needs of women, children, indigenous peoples, displaced persons, detainees, stateless and other vulnerable populations.
25Key Dingake, Challenges of human rights in Africa (2018) https://www.mmegi.bw/index.php?aid=78093&dir=2018/october/23accessed 1 February 2020.
This strategy is developed in the context of various legal and institutional frameworks and agendas that inform the call for respect for human rights and rule of law as well as the promotion and consolidation of democratic governance in Africa.
- The African Charter on Human and Peoples’ Rights
The African human rights system is founded on the African Charter on Human and Peoples’ Rights (the Charter), the key instrument which safeguards the three generations of human rights. The Charter lays down the legal framework for the protection of human rights on the continent and has been ratified by all the members of the AU except Morocco. Article 45 of the Charter outlines the mandate of the Commission which is threefold: a) promotion of human and peoples’ rights in Africa; b) protection of human and peoples’ rights in Africa; and c) interpretation of the African Charter upon the request of a State Party, AU institution or an organisation recognised by the AU. In addition to the Charter, and in order to protect, fulfil and promote human rights in Africa, the AU and its predecessor, the OAU, have adopted a number of treaties under the human rights framework.
- Relevant Policy and AU Institutional Frameworks
To enhance the implementation of instruments outlined above, the AU has adopted policies and established institutions responsible for the promotion, protection, and fulfilment of human rights in Africa. These institutions include the African Commission on Human and Peoples’ Rights (African Commission or ACHPR), the African Court on Human and Peoples’ Rights (the African Court or AfCHPR) and the African Committee of Experts on the Rights and Welfare of the Child (ACERWC). Notably, the African Court complements the African Commission’s protection mandate. Other AU institutions concerned with the promotion and protection of human and peoples’ rights include the African Governance Architecture (AGA) Platform Members such as the African Peer Review Mechanism (APRM), Peace and Security Council (PSC), the Permanent Representative Council (PRC) Sub-Committee on Democracy, Governance and Human Rights and the Pan African Parliament (PAP).
Relevant policies include AU’s Agenda 2063, Agenda 2030 and the 10 Year Human Rights Action Plan. The AU Institutional Reforms also provide a basis for effective promotion and protection of human rights in the Continent. In developing this Strategic Plan, the Commission is alive to the need for efficiency and effectiveness. The Commission thus seeks to align its mandate, strategic areas of intervention and outcomes with an efficient and effective organisational structure and capacity to deliver optimally. In addition to the call for the strengthening and support of its mandate through the ongoing AU reforms, the Commission foresees better and consistent funding and capacity strengthening of the Commission through implementation of the Decision on Alternative Sources of Financing the African Union. Providing the Commission with a strong mandate will largely depend on how the reforms will be implemented. The Strategy also takes into account relevant international human rights standards and mechanism as well as development in the global human rights landscape, including the state reporting processes under the Universal Periodic Review (UPR).
This strategy focusses on the primary mandate of the Commission as laid out in article 45 of the Charter – Promotion, Protection and Interpretation of the Charter. To be effective, the strategy acknowledges and is cognisant of the imperative of enhancing synergy, coherence and complementarity of the various mechanisms and processes that promote and protect human rights in Africa in the framework of AGA.
