The State Reporting process under Article 62 of the African Charter is one of
the most useful mechanisms through which the African Commission monitors
the implementation of the rights guaranteed in the African Charter and clarifies
what is expected of States under the African Charter. Additionally, while it
enables States Parties to the African Charter to introspect and assess their
performance vis-à-vis the obligations they have undertaken under the African
Charter, it also offers the platform for constructive dialogue on existing and
emerging issues affecting the rights guaranteed in the Charter and on how these
issues can be addressed. Its effectiveness depends, among others, on the quality
of the reporting guidelines and the nature of information that States provide
in their reports.
In the course of reviewing state reports in terms of Article 62 of the Charter, a
number of issues have been observed. In the first place, while progress has been
made in reviewing and monitoring human rights issues relating to both civil and
political rights and to a lesser but increasing extent, socio-economic rights, very
little, if any, progress has been made in reviewing and monitoring rights issues
relating to peoples’ rights. Assessment of reports submitted by State Parties
to the African Charter shows that usually no adequate or relevant information
is provided on legislative and other measures taken for the operationalization
of peoples’ rights under the Charter, including those under Articles 21, and 24
of the Charter. Additionally, there is no consistent and standardized approach
in the provision of relevant information on measures that reporting States
have taken towards the promotion and protection of Articles 21 and 24 of
the African Charter. State Reports often provide inadequate, irrelevant and/
or no information on issues encountered and their experiences in ensuring
observance of the Charter rights in the context of extractive industries.
The State Reporting Guidelines of the Commission, adopted in 1998, provide
little detail with respect to Articles 21 and 24 of the African Charter. The 1998
Guidelines lack specific reporting guidelines that would enable State Parties to
avail the relevant information on the regulatory framework governing extractive
industries, issues of human rights in the extractive industries and measures to
be taken to address the issues. The guidelines provide no or little guidance on
the content of the rights under Articles 21 and 24 and how State Parties should
give effect to those rights to ensure that the operation of extractive industries
is in accord with the African Charter. This inadequacy of the existing State
Reporting Guidelines means that the provision of effective guidelines becomes
vi | African Commission on Human and Peoples’ Rights