Advocacy at the African Union

African Court Coalition Advocacy mission prior and during the 21st AU Summit in Addis Ababa

Friday, 10 May 2013

The African Court Coalition will undertake an advocacy mission in Addis Ababa, Ethiopia, prior and during the 21st AU Summit, from 13 to 23 May 2013.

During the mission, the African Court Coalition will meet with State Representatives with the aim to advocate for the ratification of the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights (the Protocol) and/or the Declaration under Article 34(6) of the some Protocol allowing direct access to Court on Human and Peoples’ Rights (the Court) by individuals and NGOs with observer status before the African Commission on Human and Peoples’ Rights.

Dlamini-Zuma handover speech

Monday, 22 October 2012

Full text of the Speech made by the new Chairperson of the African Union Commission (AUC), Dr. Nkosazana Dlamini-Zuma, at the handover ceremony on 15 October 2012 when she was taking over from Dr. Jean Ping.

19th AU Summit to focus on Intra-African trade

Wednesday, 04 July 2012

The 19th Assembly of Heads of State and Government of the African Union (AU) is scheduled to take place from 9 to 16 July 2012 in Addis Ababa, Ethiopia. Holding under the theme: “Boosting Intra-African Trade”, the 19th Ordinary Session of the Summit of the African Union will officially kick off on Monday 9 July 2012, with the 24th Ordinary Session of the Permanent Representatives Committee (PRC). The PRC will discuss items on the agenda in preparation of the upcoming AU Summit, to be submitted to the Executive Council for adoption.

According to the PRC agenda for the 19th AU Summit, the Ambassadors will, for two days (9 and 10 July 2012) exchange views on specific reports including the reports of the Advisory Sub-committee on administrative, budgetary and financial matters; sub-committee on programmes and conferences; sub-committee on structures; multilateral cooperation; economic and trade matters; the report on the NEPAD as well as that of the refugees, returnees and internally displaced persons in Africa. They will consider the working documents and draft decisions in preparation for the 21st Ordinary Session of the Executive Council.

On the other hand, the 21st Ordinary Session of the Executive Council will be held from 12 to 13 July 2012 at the headquarters of the AU in Addis Ababa. The Ministers of External Affairs and other ministers or authorities designated by the governments of AU Member States will deliberate on the different reports of the ministerial meetings organised by the AU Commission during the last six months. They will consider the activity report of the Commission; the recommendations of the PRC on the implementation of previous Decisions of the Executive Council and the Assembly; and the report of the ministerial committee on candidatures.

The Executive Council will further look into reports of some AU Organs including the Pan-African Parliament (PAP); the African Committee of the Rights and Welfare of the Child (ACERWC); the Economic, Social and Cultural Council of the Union (ECOSOCC); the African Union Advisory Board on Corruption; and the African Union Commission on International Law (AUCIL) before embarking on the consideration of items proposed by Member States. One of the high moments during the Executive Council meeting will be the election of Commissioners of the African Union and the election of three judges of the African Court of Human and People’s Rights (AfCHPR) as well as the appointment of one judge of the AU Ad-Hoc Administrative Tribunal.

The 19th Ordinary Session of the Assembly of the African Union is scheduled to take place on 15 and 16 July 2012.

19th AU Summit to discuss President's Report of Activity

Wednesday, 04 July 2012

The AU Heads of State and Government will consider the recommendations of the Executive Council on the report of the Commission on the implementation of previous Decisions of the Executive Council and the Assembly; the report of the Peace and Security Council on its activities and the state of peace and security in Africa, including the activities of the Panel of the Wise; the report of Mr. Meles Zenawi, Prime Minister of the Federal Democratic Republic of Ethiopia and Chairperson of NEPAD Heads of State and Government Orientation Committee (HSGOC); and that on Africa’s preparation for the Climate Change Negotiations at the 18th Conference of Parties of the UN Framework Convention on Climate Change (UNFCCC) (COP18), in his capacity as Coordinator of the Committee of African Heads of State and Government on Climate Change (CAHOSCC).

The Presidents and Heads of Delegations will also exchange views on the report of Mr. Denis Sassou Nguesso, President of the Republic of Congo and Africa’s Coordinator on the United Nations Conference on Sustainable Development (Rio +20). They will discuss the report of Mr. Ernest Bai Koroma, President of the Republic of Sierra Leone and Chairperson of the Committee of Ten on the UN Reforms.

The Assembly will further consider the report of the High Level Committee of Heads of State and Government/ Chair of the Regional Economic Communities (RECs) on Boosting Intra-African Trade, among others. According to the agenda of the Summit, the Heads of State will proceed to the election of the Chairperson and Deputy Chairperson of the African Union Commission.

Implications of African Court to have jurisdiction on international crimes

Monday, 30 April 2012

The Coalition’s submission on the implications of the African Court to have jurisdiction on international crimes

The Coalition together with several organisations including the East Africa Law Society, the Darfur Consortium, Open Society Justice Initiative and the Southern Africa Litigation Centre prepared a submission on the implications of the extension of jurisdiction of the African Court to include international crimes for consideration at the January 2010 AU Summit.

At the February 2009 AU Summit, the Assembly of Heads of State and Government requested the African Court to examine the implications of the extension of jurisdiction to include international crimes such as genocide and crimes against humanity and to report to it in 2010. This request was in the context of the AU Assembly’s decision on the abuse of the principle of universal jurisdiction.

The authors argue that it would not be appropriate for the African Court to have jurisdiction over international crimes. The African Charter on Human and Peoples’ Rights, the legal instrument on which the African Court is based, does not make provision for a mechanism to address international crimes such as crimes against humanity and genocide. The African Charter is centred on holding States responsible for human rights violations. The African human rights system is incompatible with responding to individual accountability for international crimes.

Furthermore, compliance and co-operation with regional courts and tribunals is evolving in Africa. There have been instances of non-compliance with judgments of regional courts. For a regional court to prosecute international crimes, it will require the full co-operation from African States – crucial in the effectiveness of the court.

Accommodating criminal jurisdiction would require an overhaul of the current legal and institutional framework of the African Court. For example, the establishment of a prosecutorial division, witness protection services, and detention facilities for suspects will be required.

The Africa Court is a young institution that is yet to prove itself in the protection of human rights. Rather than extending its jurisdiction, the African Court can complement the work of the International Criminal Court in various ways.

The African Court can contribute to preventing mass human rights violations in Africa such as determining State responsibility for them. In turn, African States can support the African Court in establishing a regional norm of legality and compliance with decisions of regional courts.

See Submission:

African mechanisms to address international crimes in Darfur - A submission

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