2017. The resolutions on granting affiliate status flow from articles 45 and 26 of the
African Charter, and Rule 71 of the 2020 Rules of Procedure of the African Commission
which provide as follows:
Article 45(1)(c) of the African Charter: ‘The functions of the African Commission shall be …
to Promote Human and Peoples’ Rights and in particular … Co-operate with other African
and international institutions concerned with the promotion and protection of human and
peoples' rights’
Article 26 of the African Charter: ‘States parties to the present Charter shall have the duty
to guarantee the independence of the Courts and shall allow the establishment and
improvement of appropriate national institutions entrusted with the promotion and
protection of the rights and freedoms guaranteed by the present Charter.’
Rule 71 of the 2020 Rules of Procedure of the African Commission:
(1) In accordance with the Commission’s Resolution on the Granting of Affiliate Status to
National Human Rights Institutions and specialized human rights institutions in Africa, such
institutions, established by States Parties and functioning according to internationally and
regionally recognized norms and standards, may be granted affiliate status with the
Commission.
(2) Institutions having affiliate status with the Commission shall enjoy the rights and
perform the duties stipulated in its aforementioned Resolution.
Hence, it is imperative for the two actors to exchange experiences and have discussions
on emerging human rights issues. Acknowledging that NHRIs do not operate in silos, the
NHRI Forum includes all relevant stakeholders such as CSOs and academics.
The session noted that the African Charter, which was adopted in 1981 and which turned
40 in 2021 is an innovative and progressive document that consolidated the indivisibility
of rights and freedoms by including civil and political rights, economic social and cultural
rights and group rights in one document. It can be considered as the steppingstone for
the protection and promotion of human rights in Africa. The African Charter, with its
different protocols and general comments adopted under the same ensure a holistic
approach to human rights issues in Africa.
However, Africa is facing many challenges to realize the rights in the African Charter and
the goals of Agenda 2063. Many of these are due to, amongst others, climate emergency;
the Covid-19 virus with less than 5% of the African population being vaccinated; the
failure by African States to meet the Abuja commitments to allocate 15% of the budget to
health, and conflicts, and restrictions of freedoms during elections. Moreover, democracy
is under threat with unconstitutional changes of Government in Guinea, Mali, Sudan and
Chad, and with the escalating situation in Ethiopia expanding to Tigray region. Various
violations of human rights law are happening which are in contravention of the Africa we
want.
Hence, even though this is the time to celebrate the African Charter, we are living in a
difficult time for the realization of human and peoples’ rights. We are at a time that puts
human rights under siege not only on accounts of human rights violations in various
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