(2017) 1 African Human Rights Yearbook
55
the Charter, the Protocol and any other human rights instruments
ratified by states.62 There are various processes at the disposal of these
bodies through which they can elaborate on norms. Each of these
processes produces standards of varying legal weight and include
concluding observations and recommendations, general comments,
advisory opinions. resolutions and decisions on communications. On
the basis of the mandates of these bodies regarding interpretation and
application of the provisions of the Charter and the African Women’s
Rights Protocol, the part that follows focuses on how these bodies have
proceeded to interpret and apply the right to equality.
Unlike the deepened use of various means by treaty bodies in the
international human rights systems, the elaboration of norms and
content of rights in the African human rights system is still at a nascent
stage. The African Commission has adopted only a handful of general
comments and does not have a general comment that speaks
exclusively to the right to equality. The approach in General Comment
2 interpreting provisions of article 4 allude to recognition on the part of
the African Commission of substantive equality. The General Comment
references the importance of removing impediments to health services
reserved for women by addressing factors such as policies, sociocultural attitudes and gender disparities in the attainment of equality in
health care.
The African Commission is empowered by the Charter to pass
resolutions.63 Resolutions formulate and lay down principles and rules
aimed at solving legal problems relating to human and peoples’ rights
and are generally categorised into three.64 These are thematic
resolutions, administrative resolutions and country specific
resolutions. In particular, the Commission has stated that its thematic
resolutions ’elaborate in greater detail specific human right themes or a
particular substantive right covered in the Charter.’65 The Commission
has adopted a number of comprehensive resolutions in which it
elaborates on several substantive rights.66 However, it is yet to do the
same with the right to equality.
The African Commission has also adopted a handful of guidelines
but similar to the absence of a resolution on equality it does not have
any guidelines that deal directly with the equality provisions in the
treaties of the African Union. In its Guidelines on the Implementation
of socio economic rights the Commission has however stated that
62
Articles 4 of the Protocol to the African Charter on Human and Peoples Rights on
the Establishment of the African Court on Human and Peoples’ Rights.
63
Article 45 of the Charter.
64
http://www.achpr.org/resolutions/about/
65
As above.
66
231: Resolution on the right to adequate housing and protection from forced
evictions, Adopted at the 52nd Ordinary Session of the African Commission on Human
and Peoples’ Rights held in Yamoussoukro, Côte d’Ivoire, from 9 to 22 October 2012;
234: Resolution on the Right to Nationality e African Commission on Human and
Peoples’ Rights, meeting at its 53rd Ordinary Session held from 9 to 23 April 2013 in
Banjul, The Gambia; 375: Resolution on the Right to Life in Africa - ACHPR/Res. 375
(LX) 2017 he African Commission on Human and Peoples’ Rights, meeting at its
60th Ordinary Session held in Niamey, Republic of Niger, from 8 to 22 May 2017.