Note: Morocco rejoined the African Union in 2017 33 after it had withdrawn its membership

The African Commission on Human and Peoples’ Rights (Commission), a quasi-judicial body, is charged with protecting and promoting human rights under the African Charter on Human and Peoples’ Rights (African Charter) through interpretation of the African Charter at the request of a State Party or an organization recognized by the AU, consideration of inter-state and individual communications, and examination of State reports. The Commission also develops general comments and other guidance/soft law on various provisions of the Charter.

The African Committee of Experts on the Rights and Welfare of the Child (Committee of Experts), another quasi-judicial human rights body, was created by the African Charter on the Rights and Welfare of the Child (Children’s Charter, or ACRWC), which was adopted in 1990 and entered into force in 1999. The Committee of Experts came into being in 2001 and is responsible for interpreting the provisions of the ACRWC at the request of a State Party or institutions recognized by the AU or a State Party. The Committee of Experts may examine a State Party’s reports, consider communications submitted by any person, group, NGO recognized by the AU or a Member State, and conduct onsite investigations. The Committee of Experts has been examining states’ reports and considering at least 16 communications. In March 2011, it passed its first decision, finding Kenya in violation of the rights of children of Nubian descent, and held admissible a case concerning children’s rights in Northern Uganda. In January 2014, the Committee of Experts launched “The Campaign for the Universal Ratification of and Reporting on the ACWRC.” Only five countries are yet to agree to the implementation of the ACRWC.

The African Court on Human and Peoples’ Rights (Human Rights Court) was established to complement the protective mandate of the Commission. The Human Rights Court has jurisdiction over all cases and disputes submitted to it concerning the interpretation and application of the African Charter and any other relevant human rights instrument ratified by the State concerned. It may also provide advisory opinions on legal matters relating to these instruments upon the request of the AU, its organs and Member States as well as any African organization recognized by the AU.  The Court has so far decided a number of individual applications on the basis of preliminary objections to its jurisdiction and it has referred a few cases to the African Commission. The Court has been considering expanding its jurisdiction to cover criminal offences, but whether that would include war crimes and crimes against humanity is not yet known. The Court’s decisions can be found at this link.

In July 2008, the Protocol on the Statute of the African Court of Justice and Human Rights (Merger Protocol) was adopted. The Merger Protocol created the African Court of Justice and Human Rights (Merged Court), a single court that encompasses the functions of both the Human Rights Court and the African Court of Justice. The Protocol establishing the Human Rights Court shall remain in force for a period not exceeding one year after it enters into force of the Merger Protocol. This is expected to take some time as only eight countries have ratified the protocol out of 15 needed for its entry into force.

The African Court of Justice and Human Rights will be the main judicial organ of the AU. Once operational, it will have a General Affairs Section and a Human Rights Section. The Human Rights Section will have jurisdiction over cases and legal disputes that relate to, among other things, the interpretation and the application of the African Charter, and the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, the African Child Rights Charter, and any other legal instruments relating to human rights ratified by the State Parties concerned. This will make it a Court with jurisdiction over all substantive human rights norms within the AU framework. Those entitled to submit cases to the African Court of Justice and Human Rights include State Parties to the Merger Protocol, the Commission, the Committee of Experts, African intergovernmental organizations accredited by the AU or its organs, and African national human rights institutions. Individuals and NGOs are only able to bring cases in their own right if the state against which they are complaining has at the time of ratification made a declaration accepting the competence of the Court to hear cases brought via this route. While the African Court of Justice and Human Rights appears to allow for greater access to the AU human rights judicial system by expanding the category of those with standing to bring cases before it, it also limits access by restricting standing to intergovernmental organizations accredited by the AU or its organs and changing the requirement for NGO access from those with Observer Status at the Commission to those accredited by the AU or its organs. Additionally, the “special declaration” requirement may make it difficult in practice for individuals and NGOs to be heard before the Court, as AU Member States have shown reluctance to grant such authority. Only several countries have given the Human Rights Court such authority. Of the 10 member states that entered the declaration, four have since withdrawn (Rwanda in 2016, Tanzania in 2019, and Benin and Cote d’Ivoire in 2020).

Article 10 of the African Charter on Human and Peoples’ Rights provides:

1. Every individual shall have the right to free association provided that he abides by the law.
2. Subject to the obligation of solidarity provided for in Article 29, no one may be compelled to join an association.

Article 8 of the African Charter on the Rights and Welfare of the Child provides: Every child shall have the right to free association and freedom of peaceful assembly in conformity with the law.

Article 10 of the African Charter, contains a ‘claw-back’ provision (“provided that he abides by the law”) that may filter the freedom of association through the domestic law of Member States. The Commission, however, has repeatedly held that domestic laws regulating freedom of association should be in conformity with international human rights standards and should not unduly restrict the exercise of the right. (Resolution on Freedom of Association, Communications 101/93, 147/95 & 149/96, and 225/98). The Commission has further underlined the interrelationship among the freedom of association, the freedom of assembly and the freedom of expression, stating that actions violating the first two implicitly violate the third. (Communications 137/94 and others, 245/2002). It also has found that persecution or imprisonment for belonging to a political party, organization or group whose criminal nature is not established violates Article 10. (Communications 205/97, 54/91 and others, 137/94 and others, and 212/98).  In addition, the Commission has interpreted the scope and meaning of Article 10 in several cases.

The Commission established in 2004 a Special Rapporteur on Human Rights Defenders (HRDs) in Africa, who is currently Remy Ngoy Lumbu of the Democratic Republic of Congo. The Special Rapporteur’s mandate includes seeking, receiving, examining, and acting upon information regarding human rights defenders in Africa; cooperating and engaging in dialogue with Member States, national, regional and international mechanisms of protection of human rights defenders, human rights defenders and other stake holders; developing and recommending effective strategies to better protect human rights defenders; and promoting the implementation of the UN Declaration on Human Rights Defenders in Africa. In order to fulfill its mandate, the Special Rapporteur regularly engages civil society organizations working on human rights in Member States.

In August 2013, for example, Lucy Asuagbor of Cameroon spoke at the Second Meeting of the Study Group on Freedom of Association in Africa in Benin, where she “reminded the members of the Study Group of the key role played by freedom of association and underscored the fact that freedom of association is a gateway to all the rights guaranteed by the African Charter on Human and Peoples’ Rights.” The Study Group report was adopted at the Session in May 2014 in Angola and was published later that year. This Study Group report initiated a process to develop the Guidelines on Freedom of Association and Assembly in Africa (the Guidelines), which the Commission adopted in 2017. To support the implementation of the Guidelines, the Commission established a Support Group, under the leadership of the Special Rapporteur on HRDs. In December 2020, the Commission extended the Support Group’s initial mandate for a further two years to: (i) monitor implementation by governments, parliaments and other State entities and advocate for the adoption of national laws and regulations that are in line with the Guidelines of the African Commission on Human and Peoples’ Rights and the Human Rights Committee’s General Comment No. 37 on the Right of Peaceful Assembly as well as the Joint Declaration of the Special Rapporteurs on the Right to Freedom of Peaceful Assembly and Democratic Governance; (ii) conduct research and document the situation of freedom of association and assembly in Africa; and (iii) monitor and evaluate the impact of COVID-19 measures adopted by States on the enjoyment of the rights to freedom of association and peaceful assembly across Africa so as to inform the African Commission’s dialogue with States and civil society.

The AU has been criticized for the limited access it grants to civil society organizations. According to an audit report completed by an independent high-level panel commissioned by the AU, “[D]espite stated commitment from all policy organs of the African Union; the Panel finds that the involvement of African citizens, civil society organizations, and private sector bodies is still at a nascent stage.” (Audit Report (2007), ¶194) This section considers the available avenues for civil society participation:

1. AU Observer Status

CSOs may secure Observer Status at the AU through the procedure established by the Criteria for Granting Observer Status and for a System of Accreditation within the AU. The Criteria establishes the requirements and procedure for granting AU Observer Status to CSOs and the accreditation procedure for Non-African States and International Organizations at the AU. An CSO granted Observer Status under the Criteria may participate in the meetings (including in closed meetings upon invitation and with a chance to take the floor with authorization) of the AU and its organs on matters of their interest and may have access to unrestricted AU documents.

To be eligible for Observer Status, CSOs must, among other criteria, derive at least two-thirds of their basic resources from membership contributions, although the eligibility criteria reportedly has been subject to reconsideration or may be reconsidered in the near future. In light of the difficulty in generating such resources, such eligibility requirements serve as a real barrier in attaining Observer Status. Tellingly, the only entities that have been granted Observer Status or accreditation by the AU since 2005 are foreign states and intergovernmental organizations including UN agencies and programs. This is why the AU may be reconsidering the criteria for granting Observer Status, although since 2005 there do not appear to have been any confirmed significant changes in the system. (See Decision on the Application by Lions Club International for Accreditation with the AU Doc. EX.CL/212 (VIII).

2. The ECOSOCC

The principle consultative platform for CSO involvement with the African Union is through the Economic, Social and Cultural Council (ECOSOCC), which originated from the premise that continental integration should be people-driven and built on community-based partnership between governments and all sectors of civil society. ECOSOCC is established by Article 5 of the Constitutive Act and specifically designed to give CSOs a voice in AU decision-making processes. However, as of December 2021, ECOSOCC is having its accreditation reviewed.

ECOSOCC’s objectives include promoting dialogue and partnership between African governments and their peoples and among the African people themselves; promoting the participation of African CSOs in programs and activities of the AU and building their capacity; and promoting human rights, good governance, and the rule of law.

The AU Assembly adopted ECOSOCC’s Rules of Procedure in January 2016 (Assembly/AU/ Dec.589(XXVI)). The dedicated Secretariat started operations in Lusaka, Zambia in 2019. The ECOSOCC Statutes, articles 8–12, provide for the following structure:

• General Assembly: composed of all members, and ECOSOCC’s highest decision- and policy-making body.
• Bureau: composed of the Presiding Officer and four deputies elected for two-year terms by the General Assembly on the basis of equitable geographical distribution and rotation, including one member representing the diaspora.
• Standing Committee: composed of 18 members – the Bureau, Chairpersons of the 10 Sectoral Cluster Committees and two AU Commission (AUC) representatives, elected by the General Assembly for two-year terms.
• Ten Sectoral Cluster Committees: operational thematic mechanisms that mirror AUC technical departments.
• Credentials Committee: composed of one CSO representative from each of the five regions and one from the African diaspora, one nominated representative for special interest groups and two AUC representatives, and established by the General Assembly. In addition, the second General Assembly highlighted the need for national chapters as a framework of accountability for elected members and for disseminating information and mobilizing support for AU policies and programmes. Interim chapters have been established in some Member States.

Members: The ECOSOCC Statutes, article 4, provide for the following membership:

• Two CSOs from each AU Member State;
• Ten CSOs operating at regional level and eight at continental level;
• Twenty CSOs from the African diaspora, as defined by the Executive Council and covering the continents of the world;
• Six CSOs, in ex officio capacity, nominated by the AUC based on special considerations, in consultation with Member States.

Article 4 also provides for Member State, regional, continental and diaspora representatives to be elected on the basis of 50 percent gender equality and 50 percent aged between 18 and 35. Members are elected for four-year terms and may be re-elected once. CSO members include but are not limited to social groups, professional groups, nongovernmental organisations (NGOs), community-based organisations (CBOs), voluntary organisations, cultural organisations, and social and professional organisations in the African diaspora.

3. Pre-Summit Meetings and Summit Representation

The African Citizens’ Directorate (CIDO) was established in 2005 to liaise with CSOs on the continent, reach out to the African Diaspora, and function as an interim secretariat for ECOSOCC. CIDO is mandated to facilitate civil society contributions to the decision-making processes of the AU, including the Summits. It has also been instrumental in the establishment of the ECOSOCC. Specifically, CIDO offers strategic frameworks of cooperation between diaspora communities and Member States; mobilizes diasporas to become involved in the development of the continent; supports and advises on Diaspora Engagement Policies & Programmes; and works to realize innovative ideas and Diaspora Legacy Projects.

CSOs must meet certain selection criteria in order to participate in CIDO’s pre-Summit meetings.  CIDO’s selections are based on the theme of the Summit (the most important criterion), the availability of resources, regional balance, social diversity to reflect the various social and professional groups, the scope of representation of a CSO, the location of the Summit (to enhance the profile of CSOs in the area while reducing cost), and considerations of gender balance and representation of disadvantaged groups. This selection process has also been criticized for being unpredictable and unduly subjective. (Audit Report, para 205).

Local as well as international CSOs may further be represented at a Summit of the AU through ad hoc observer status or accreditation that is processed through CIDO. CIDO receives applications from interested CSOs well before the dates of the Summit and decisions are made for the very limited slots based among others on relevance to the Summit theme, timing of application, role envisaged in Summit, and history of association with AU. This is in addition to 5 CSOs representing the ECOSOCC, as an organ of the AU, at the Summits and others that have special summit representation facilities by virtue of separate agreement with the AU.

4. Observer Status at the ACHPR

The African Commission on Human and Peoples’ Rights (ACHPR) is the one organ within the AU where the participation of CSOs has been strong. In 1999, the ACHPR adopted Criteria for Granting and Enjoying Observer Status to establish the accreditation procedure, and rules governing organizations with Observer Status. In 2016, the ACHPR updated the criteria through a new Resolution on the Criteria for Granting and Maintaining Observer Status to Non-Governmental Organizations working on Human and Peoples’ Rights in Africa (ACHPR/Res.361 (LIX) 2016). CSOs with Observer Status are invited to public and sometimes closed sessions of the ACHPR; they have access to ACHPR documents, provided the documents deal with issues of relevance to the organization, and are not of a confidential nature; and may request the inclusion of issues on the provisional agenda of the Commission. CSOs may be authorized by the Chairperson of the Commission to make a statement on an issue that concerns them, subject to the text of the statement having been provided, with sufficient lead-time, to the Chairperson of the Commission through the Secretary to the Commission; and the Chairperson may give the floor to observers to respond to questions directed at them by participants. In 2018, the African Union Executive Council adopted Decision 1015, in which it recommended that the Commission revisit the criteria for granting and withdrawing observer status for CSOs to ensure that they are “in line with the already existing criteria on the accreditation of NGOs to the AU, taking into account African values and traditions.” The attacks on the independence of the ACHPR and their implications for CSO participation have been well documented.

There are 535 CSOs with Observer Status at the ACHPR as of May 2021. They have submitted complaints on behalf of African citizens to the ACHPR, provided information necessary for the examination of states’ reports, and participated in the work of special mechanisms and working groups of the ACHPR. A civil society-led NGO Forum is held before Commission sessions where Commissioners take part. There are growing Networks of sub-regional Human Rights Defenders that work actively with the ACHPR.

In 2011, the Study Group on Freedom of Association and Assembly, which was formed by ACHPR to draft regional Guidelines on Freedom of Association and Assembly in Africa, resulted in the ACHPR adopting the Guidelines at its 60th session in Niamey, Niger. The Guidelines were then formally launched during the 61st Session in Banjul, The Gambia on November 3, 2017. The Guidelines are the first of their kind in Africa, having been developed through extensive consultations with civil society practitioners and legal experts. They are a tool for States and civil society alike to interpret how these rights should be protected across the continent. The ACHPR has since established by resolution a Support Group to assist the Special Rapporteur on Human Rights Defenders. The Support Group’s mandate is to:

• Monitor implementation by governments, parliaments and other State entities and advocate for the adoption of national laws and regulations that are in line with the Guidelines of the African Commission on Human and Peoples’ Rights and the Human Rights Committee’s General Comment No. 37 on the Right of Peaceful Assembly as well as the Joint Declaration of the Special Rapporteurs on the Right to Freedom of Peaceful Assembly and Democratic Governance;
• Conduct research and document the situation of freedom of association and assembly in Africa; and
• Monitor and evaluate the impact of COVID-19 measures adopted by States on the enjoyment of the rights to freedom of association and peaceful assembly across Africa so as to inform the African Commission’s dialogue with States and civil society.monitor implementation of the Guidelines.

5. Observer Status at African Committee of Experts on the Rights and Welfare of the Child

CSOs have been involved in the meetings of the Committee of Experts since it began work in 2002. CSOs have been allowed to participate in its public sessions. Specifically, CSOs with information regarding State reports have been permitted to submit alternative reports. In order to formalize collaboration with CSOs, the Expert Committee adopted Criteria for Granting Observer Status to NGOs and Associations in 2007.

A CSO with Observer Status may participate in the meetings of the Expert Committee (closed meetings may be attended upon invitation), have access to unrestricted documents, and may request the inclusion of an issue on the Expert Committee’s agenda. The Committee had difficulty granting many applications for observer status because of some stringent requirements in its Criteria, which it amended in November 2009. It has since granted observer status to a number of CSOs.

African Commission on Human and Peoples’ Rights: Alert to the NGO Forum (September 2023)
The Forum on the Participation of NGOs in ordinary sessions of the African Commission on Human and Peoples’ Rights (African Commission), also known as the ‘NGO Forum’, is an advocacy platform coordinated by the African Centre for Democracy and Human Rights Studies (ACDHRS) to promote advocacy, lobbying and networking among and between human rights NGOs for the promotion and protection of human rights in Africa. The NGO Forum shares updates on the human rights situation in Africa by the African and international NGO community with a view of identifying responses as well as adopting strategies towards the promotion and protection of human rights in the continent. The Forum will deliberate on the following sub-themes, among others: Role of Youth in the Implementation of the African Union Agenda 2063; Achievements and challenges of the Maputo Protocol; and Artificial Intelligence, Data Protection, and Human Rights.

AU wants African governments to respect freedom of expression (May 2023)
Media stakeholders and international bodies, including African Union Commission, United Nations Educational, Scientific and Cultural Organisation (UNESCO) and European Union (EU) have urged African governments to promote freedom of expression and repeal legislation that stifles access to information. The stakeholders also expressed concerns over attacks on journalists on the continent and the tense environments in which many of them operate.

How the African Union can put the youth demographic at the centre of leadership (March 2023)
African youths make up about 60% of the continent’s population, and by 2030, they are expected to make up 42% of the world’s youth population. Despite Africa’s booming youth demographic, the face of African leadership remains old and does not reflect its populace: the continent’s median age is just over 18 years old, but two-fifths of its leaders are over 70. The African Union (AU) can play a strategic role in closing this representation gap. Youth advocacy groups and civil society have consistently clamored for enhanced youth political participation in African countries.

The African Union at 20: some reason to cheer, but lots of work ahead (July 2022)

‘Unity’ of purpose and action needed: Guterres tells AU-UN Conference (December 2021)

First International Conference on Public Health in Africa Closes With Urgent Call for a New Public Health Order (December 2021)

Paradigm shift in EU’s collaboration with the AU in Africa (November 2021)

Can coups be removed from Guinea’s political culture? (September 2021)

African Court Issues Advisory Opinion on Elections during a Pandemic (July 2021)

Slow Progress in Meeting Commitment to Ratify Maputo Protocol (December 2020)

COVID-19 further complicates holding free and fair elections in Africa (July 2020)

The African Union and the European Union join forces for ensuring peace (March 2020)

Condé wants a third term in Guinea. The AU must stop him (February 2020)

African Union Launches Continent-Wide Free Trade Area (June 2019)

African Union Makes Moves to Neutralise Africa’s Main Human Rights Body (October 2018)

African Union seeks to shackle human rights watchdog (October 2018)

AU rights group urges Mauritania to ‘review’ blasphemy law (May 2018)

African Court Refuses to Grant Advisory Opinion on a Case (October 2017)

Twelve Points for the New African Union Commission Chairperson (March 2017)

Morocco rejoins the African Union after 33 years (January 2017)

ECOSOCC calls for an expedient and peaceful transition of power in the Gambia (December 2016)

The Fifth Annual African Union Dialogue on Democracy, Human Rights and Governance in Africa (December 2016)

African Union calls for nominations for Dlamini-Zuma position (August 2016)

The march of democracy slows (August 2016)

African Union chief Dlamini-Zuma to step down (April 2016)

AU goes into election mode (January 2016)

26th AU summit opens in Ethiopia’s capital (January 2016)

Burkina Faso opposition parties, African Union reject army takeover (November 2014)

Key developments from the 55th session of the African Commission (May 2014)

African human rights court could cover criminal offences (February 2014)

AU Poll Observer Team Holds Meeting With Civil Society Groups (June 2013)

Ethiopia’s Prime Minister Hailemariam Desalegn elected by African heads of state as chairman of the African Union (February 2013)

African elections succeed when civil society is involved (October 2012)

Joint NGO letter expresses concern about the candidacy of Sudan and Ethiopia to the UNHRC (July 2012)

African civil society raft demands to AU (July 2012)

NGO forum preceding the 51st ordinary session report of the Working Group on Torture, Death Penalty and Prisons and Conditions of Detention in Africa (May 2012)

Special Rapporteur on Women’s Rights in Africa to the African Union Commission salutes NGO forum (April 2012)

African Charter on Democracy, elections and governance enters into force (February 2012)

Civil society organizations discuss developments affecting criminal justice in Africa (January 2012)

Press Release on ICC Decisions of the Pre-Trial Chamber I on Malawi and Chad (January 2012)

Human rights situation in the Democratic Republic of Congo (January 2012)

Decision on children of Nubian descent in Kenya published (September 2011)

African Union summit struggles to raise funds to combat Horn of Africa crisis (August 2011)

Human rights activists critical of Obiang AU nomination (January 2011)

African Union summit agenda skips Egypt, Tunisia (January 2011)

AU’s relevance and prominence on the international stage is growing despite despotic leadership (January 2011)