Abstract:
The study aims at showing how the African human rights system provides protection to its
people, while trying to assess how effective the system is. The study attempts to show the
relevance of the African system as a home-grown system in the realm of international human
rights protection today.
The study discusses the African Union (AU) human rights architecture. The AU’s mandate on
human rights is set out, outlining its institutional and normative framework for the protection of
human rights.
The study also analyses the normative framework on the African Charter on Human and Peoples’
Rights (Charter). Discussed are the rights and duties proclaimed by the Charter. The measures
taken to safeguard these are also discussed highlighting the establishment of the African
Commission on Human and Peoples’ Rights (Commission) and its mandate and procedure.
The African Commission on Human and Peoples’ Rights is identified as the main enforcement
mechanism under the African Charter. An overview of the institutional and normative
framework for human rights protection under the Commission is given. From this it is
established that the communications procedure is an important means by which the Commission
can fulfil its protection mandate.
A detailed explanation of the communication procedure in practice with consideration of the
Rules of Procedure of the Commission is given. Its successes are balanced against its failings
through a comparative analysis.
From the analysis herein the researcher concludes that the irregularities in the system, are
adversely affecting the efficacy of its human protection mechanism, to this end the study
concludes by giving recommendations to pertinent stakeholders aimed at enhancing the efficacy
of the communications procedure of the African Commission by directly and indirectly
addressing the challenges highlighted in the study.
