Chapter 3 • The Major Regional Human Rights Instruments and the Mechanisms for Their Implementation
exhausted”; and, finally (7) the communications must not “deal with cases which
have been settled by these States involved in accordance with the principles of the
Charter of the United Nations”, the Charter of the OAU or the African Charter on
Human and Peoples’ Rights (art. 56). There is no specific provision in the Charter
allowing individuals or groups of individuals to appear in person before the
Commission. Before a substantive consideration is made of a communication, it
must be brought to the attention of the State concerned (art. 57). Subsequently,
“when it appears after deliberations of the Commission that one or more
communications apparently relate to special cases which reveal the existence of a
series of serious or massive violations of human and peoples’ rights, the
Commission shall draw the attention of the Assembly of Heads of State and
Government to these special cases”; the latter may then request the Commission
“to undertake an in-depth study of these cases and make a factual report,
accompanied by its findings and recommendations” (art. 58(1) and (2)). Lastly, the
Charter provides a procedure for emergency cases which shall be submitted by the
Commission to the Chairman of the Assembly, “who may request an in-depth
study” (art. 58(3)).
v periodic reports: the States parties to the Charter also undertake to submit, every
two years, “ a report on the legislative or other measures taken with a view to giving
effect to” the terms of the Charter (art. 62). Although the Charter provides no
explicit procedure for the examination of these periodic reports, the African
Commission on Human and Peoples’ Rights has proceeded to examine these
reports in public sessions.5
The African Commission on Human and Peoples’ Rights is, in
particular, competent to:
l
promote human rights by collecting documents, undertaking studies,
disseminating information, making recommendations, formulating
rules and principles and cooperating with other institutions;
l
ensure the protection of human and peoples’ rights by receiving
(a) inter-State communications; (b) communications other than those
of the States parties; and (c) periodic reports from the States parties.
2.2 The African Charter on the Rights and Welfare of
the Child, 1990
The African Charter on the Rights and Welfare of the Child6 was adopted in
1990, and entered into force on 29 November 1999. As of 31 May 2000, it had 20
ratifications. The Charter spells out a long list of rights of the child and establishes an
African Committee of Experts on the Rights and Welfare of the Child.
5 See e.g. as to report of Ghana, The African Commission on Human and Peoples’ Rights Examination of State Reports, 14th Session, December
1993: Ghana, to be found on the following web site: http://www1.umn.edu/humanrts/achpr/sess14-complete.htm.
6 OAU doc. CAB/LEG/24.9/49 (1990).
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