FOREWORD
The Guidelines on the Protection of All Persons from Enforced Disappearances in Africa were adopted by the African Commission on Human and Peoples’ Rights during its 71st Ordinary Session held virtually from 21 April to 13 May 2022. The Guidelines are developed pursuant to Article 45(1)(b) of the African Charter, which mandates the African Commission to formulate standards, principles and rules on which African governments can base their legislation.
The goal of these Guidelines is to provide guidance and support to Member States of the African Union on the effective implementation of their commitments and contributions to eradicate enforced disappearances throughout the African continent. The Guidelines are complementary, and do not aim to replace or limit in any way the standards and obligations contained in relevant international treaties and instruments, such as the Declaration on the Protection of All Persons from Enforced Disappearance, the International Convention for the Protection of All Persons from Enforced Disappearance, and the Rome Statute of the International Criminal Court, which are the main international legal instruments that deal with enforced disappearance as a grave human rights violation and a violation of international humanitarian law respectively. The Guidelines intend to reinforce those international treaties and instruments and encourage African Union Member States to ratify them as a positive measure to prevent enforced disappearances on the continent.
The Guidelines build upon existing legal obligations of African States pursuant to regional treaties and documents, including (among others) the African Charter on Human and Peoples’ Rights, the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa (the “Maputo Protocol”), the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa and the Protocol on the Prevention and Suppression of Sexual Violence against Women and Children of the International Conference of the Great Lakes. It also adds to the standards developed by the African Commission on Human and Peoples’ Rights through its jurisprudence and commentary, including (among others) the Guidelines on Human and Peoples’ Rights while Countering Terrorism, the Guidelines on the Conditions of Arrest, Police Custody and Pre-Trial Detention in Africa (the “Luanda Guidelines”), General Comment No. 3 on the Right to Life and the Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa (Fair Trial Principles).
