April 29, 2019

African Union has a fiduciary duty to defend and strengthen rights body

located:	Rwanda, Uganda, Burundi, Egypt, Republic of the Congo
editor:	Bob Koigi

The decision last year by the African Union Executive Council to strip the independence and mandate of the African Commission on Human and Peoples’ Rights – the continent’s foremost human rights body – continues to pose great danger to thousands of victims who see it as the ultimate bulwark against oppressive governments, even as that decision sends a message about AU’s reluctance to address the prevalent human rights violations across Africa.

As the 64th Ordinary Session of the African Commission gets underway in Egypt, the clarion call to African leaders is to appreciate the pivotal role the rights body has played in upholding the highest standards and holding members to account for violations and abuses.

Since it was established over three decades ago, the commission has been the custodian of the anchor human rights instrument, the African Charter on Human and Peoples’ Rights, and through it and subsequent statutes, it has delivered some of the most landmark rulings in the continent’s history, which have given new life to victims.

Notable among them was a 2003 ruling against the governments of Uganda, Burundi, and Rwanda in the deployment of troops to the Eastern Province of DR Congo, where rape and abuse of women and girls were widespread. It ruled against the torture of human rights activists in Sudan in 2015, and ordered the government to compensate the victims.

In a case that generated global outrage in the Democratic Republic of Congo in 2004, the commission held the government responsible for a military offensive against civilians, which was aided by Anvil Mining – a copper producing company – in an operation that saw the execution of 70 civilians and detention of many more. The government was ordered to pay victims and their families $2.5 million.

Numerous other cases of such nature have found a home and a hearing at the commission.

In a continent where the majority of the rulers are known for blatant violation of human rights, a more strengthened and autonomous commission remains Africa’s saving grace. With its independence and authority weakened, the commission will be susceptible to abuse and interference from governments.

The African Union should be on the right side of history and rise to the calling of protecting its people by giving the commission the power and space it needs in order to do its job.

Photo:African Union Commission