* (Morocco rejoined the African Union in 2017 after 33 years of having withdrawn its memberhsip)

Freedom of Association

Civil Society

The AU is still a relatively young organization whose institutions are being formed and developed.

A. Judicial Bodies

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 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 two 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. More recently, in January 2014, the Committee of Experts launched “The Campaign for the Universal Ratification of and Reporting on the ACWRC.” Only seven 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. In an application submitted by the African Commission regarding violations of human rights committed at the beginning of the Libyan uprising, the Court ordered provisional measures against the then Libyan Government. 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.

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 five 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. However, only several countries have given the Human Rights Court such authority.

B. Freedom of Association

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 in Africa, who is currently Reine Alapini Gansou of Benin. 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 often 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.

C. Civil Society Participation

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.  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.  Consequently, the AU may reconsider the criteria for granting Observer Status, although since 2005 there do not appear to be any 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. is designed to give CSOs a voice within AU Institutions and decision-making processes.

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 ECOSOCC ultimately is to be comprised of 150 CSOs representing different sectors and professional organizations within member states which form its General Assembly, a 15-member standing committee, 10 sectoral cluster committees, and a 5-person credentials committee. The requirements for CSO membership are found in the Statutes of the Economic, Social and Cultural Council of the African Union.  Membership in ECOSOCC requires an organization to receive at least 50% of its resources from member contributions, provide information on funding sources for the preceding three years, submit annual audit statements by an independent auditing company, and fulfill other bureaucratic requirements.  As in the case of Observer Status, such criterion prevents most CSOs from obtaining membership in ECOSOCC and many applications are deemed unqualified.  Some AU leaders, including former interim ECOSOCC presiding officer Maathai Wangari, have criticized the funding requirements as unduly restrictive. However, current presiding officer Akere Muna has stated that he considers the requirement worthwhile “to avoid ‘strings attached’ conditions from external donors.”  Other experts, however, say that despite stringent requirements, official acknowledgement of a role for civil society within the AU is a victory in itself.

Although its Interim General Assembly was first convened in March 2005, ECOSOCC was not officially launched and its Credentials Committee was not elected until September 2008. In January 2010, the process of election of CSOs was completed in most member states and the Permanent General Assembly of the ECOSOCC was poised to fully assume its role. But the 20 seats allocated by the statutes of ECOSOCC to the Diaspora are yet to be filled. In December 2009, the Standing Committee discussed a framework for the operationalization of the cluster committees, the key operational mechanisms of the ECOSOCC to formulate opinions and provide input into the policies and programs of the AU. The constitution of membership and the development of activities of the different clusters and their rules of engagement with other organs and units of the AU were in the process of completion. In the meantime, the Peace and Security Cluster, the Political Affairs Cluster, Cross Cutting Cluster and the Youth Affairs Cluster, have jump-started the process of Cluster operationalization by collaborating with the AU Commission and other relevant bodies.

In December 2016, ECOSOCC expressed that it was “extremely concerned about the situation in the Gambia since the outgoing President [referring to Yahya Jameh] unjustly rejected the outcome of the December 1 election in his statement on 9 December 2016 only one week after he has rightly accepted the election results and conceded defeat to the opposition.” ECOSOCC also expressed concern “about the dangers and risks to Gambian civil society and strongly urge[d] the authorities in Gambia to ensure the safety and security of civil society members including journalists.”

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.

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 NGOs 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 quite 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.  CSOs with Observer Status are invited to public and sometimes closed sessions of the ACHPR; 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.

There are more than 450 CSOs with Observer Status at the ACHPR. 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. For example, an 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.

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

The Committee of Experts is at an early stage of operation. However, CSOs have been involved in its meetings 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.

Key Events

Please see the African Union “Events Page” here.

On July 7, 2019, Egypt’s President, Abdel Fattah al-Sisi, opened up the 12th Extraordinary Summit to discuss the implementation of the historic African Continental Free Trade Area (AFCFTA) in Niamey, Niger featuring the participation of presidents and prime ministers from 55 African countries.

General News

African Union Launches Continent-Wide Free Trade Area (June 2019)
At the African Union Summit in Niger, Nigerian President Muhammadu Buhari launched the African Continental Free Trade Area by signing the continent’s largest economy onto the deal. After months of reluctance over competition concerns, Nigeria’s support gives weight to forming the world’s largest free trade zone — a 55-nation bloc worth $3.4 trillion.

African Union Makes Moves to Neutralise Africa’s Main Human Rights Body (October 2018)
The ACHPR, whose sessions represent the largest gatherings of civil society in Africa, was established more than 30 years ago in Ethiopia by the AU’s predecessor, the Organisation of African Unity (OAU). Its mandate was to protect and promote people’s and human rights throughout the continent, as well as its founding treaty, the African Charter. Over the years, the Commission has provided a precious space for civil society representatives from nations such as Sudan, South Sudan, the Democratic Republic of Congo (DRC) and Ethiopia – countries where the space for civil society has been closed – to air human rights grievances and see action taken. Today, the independence that enabled the ACHPR to pass binding resolutions on rights violations is being consistently eroded by the AU.

African Union seeks to shackle human rights watchdog (October 2018)
Human rights activists are fighting against moves by the African Union to rein in the continent’s human rights watchdog, the African Commission on Human and People’s Rights (ACHPR). The Coalition of African Lesbians has been barred from meetings of the African Commission on Human and People’s Rights, which is the continent’s human rights watchdog. LGBT rights organizations have been prominent in the protests, which began after the ACHPR revoked the observer status that it had granted in 2015 to the Coalition of African Lesbians (CAL). That move came because of pressure from the 55-nation African Union.

AU rights group urges Mauritania to ‘review’ blasphemy law (May 2018)
The African Union’s human rights body has called on Mauritania to “review” a draft law that applies the death penalty for blasphemy as global outrage grows over the imprisonment of a young blogger. Cheikh Ould Mohamed Ould Mkheitir has been detained for more than four years despite his death penalty being downgraded to a two-year sentence in November 2017. In November 2017, the government moved to harden religious laws so that showing repentance for blasphemy and apostasy could no longer prevent the death penalty. But the text of the bill has not yet been promulgated by President Mohamed Ould Abdel Aziz, without official explanation. The head of the African Commission on Human and Peoples’ Rights, Soyata Maiga, called on the government to reconsider the bill.

African Court Refuses to Grant Advisory Opinion on a Case (October 2017)
The African Court on Human and Peoples Rights has declined to offer an Advisory Opinion in a request submitted by La Rencontre Africain Pour La Défense Des Droits De L’homme. The African Court in a ruling made available to the CDA Consult in Accra explained that the fact that the NGO which filed the request does not fall within the first three categories within the meaning of Article 4(1) of the Protocol is not contested. According to the Court “In the instant case, the Applicant has not claimed and has not provided proof as to its Observer Status before the African Union or that it has signed any Memorandum of Understanding with the Union. From the foregoing, the African Court finds that, although the Applicant is an African organisation within the meaning of Article 4(1) of the Protocol, it lacks the second essential condition required by this provision as a basis for the Court’s jurisdiction, namely, to be “recognised by the African Union.”

Twelve Points for the New African Union Commission Chairperson (March 2017)
Africa is experiencing the highest number of humanitarian crises since the 1990s. As the new chair of the African Union Commission, Moussa Faki Mahamat, takes office, International Crisis Group suggests how he can strengthen the organisation’s response to threats to continental peace and security.

Morocco rejoins the African Union after 33 years (January 2017)
The African Union has decided to allow Morocco back into the fold after a 33-year absence, despite stiff resistance from some member states over the status of Western Sahara. After an emotional and tense debate, member states decided by consensus to leave the question of the disputed territory of Western Sahara for another day, and resolve it with Morocco “back in the family”. The only African country not to belong to the AU, Morocco left its predecessor, the Organisation of African Unity, in 1984 after the body recognised the independence of Moroccan-occupied Western Sahara.

ECOSOCC calls for an expedient and peaceful transition of power in the Gambia (December 2016)
ECOSOCC is extremely concerned about the situation in the Gambia since the outgoing President unjustly rejected the outcome the December 1 election in his statement on 9 December 2016 only one week after he has rightly accepted the election results and conceded defeat to the opposition. ECOSOCC is also particularly concerned about the dangers and risks to Gambian civil society and strongly urges the authorities in Gambian to ensure the safety and security of civil society members including journalists.

The Fifth Annual African Union Dialogue on Democracy, Human Rights and Governance in Africa (December 2016)
A High Level Dialogue (HLD) was part of the celebrations of 2016 as the Year of Human Rights in Africa with Particular Focus on the Rights of Women. The event was held in Arusha, Tanzania, jointly by AU organs with a human rights mandate.

African Union calls for nominations for Dlamini-Zuma position (August 2016)
African Union (AU) chairperson, Dr Nkosazana Dlamini-Zuma, is preparing to leave the organisation after having served her term. In a statement, the continental organisation said the process to choose her successor will take place on the 30th and 31st of January 2017. The nomination process closes on 19th August 2016.

The march of democracy slows (August 2016)
Nicholas Cheeseman, an academic at Oxford University, reckons that of 91 presidents and prime ministers to have held office on the continent in civilian regimes since 1989, 45% once either served in the armed forces or were guerrillas before becoming politicians. This includes all four presidents in the Great Lakes region around eastern Congo, as well as Nigeria’s Mr Buhari. Coups are far less common these days; the African Union, often an ineffectual organisation, has recently taken a firm stand against them. Yet the prevalence of so many former fighting men in civilian office highlights the influence that armies still wield in politics.

African Union chief Dlamini-Zuma to step down (April 2016)
African Union Commission head Nkosazana Dlamini-Zuma, who is tipped to take over the leadership of South Africa’s ruling African National Congress, will step down at the end of her four-year term in July 2016, her spokesman said. Dlamini-Zuma did not submit an application to remain as chairperson for a second term before the deadline for candidates closed last week.

AU goes into election mode (January 2016)
The AU goes into election mode as member states decide who to back for AU Commission chair at the next summit in July. The big question is whether Nkosazana Dlamini-Zuma will stand again or repair to South Africa to join the race for the presidency.

26th AU summit opens in Ethiopia’s capital (January 2016)
The 26th ordinary session of the African Union (AU) heads of states and governments kicks off on Saturday at the AU Headquarters in Ethiopia’s capital Addis Ababa.Heads of states of the 54-member pan-African bloc convene their two-day session under the theme, “2016: African Year of Human Rights with particular focus on the Rights of Women.”

Burkina Faso opposition parties, African Union reject army takeover (November 2014)
Burkina Faso’s opposition parties, the United States and the African Union rejected the army’s seizure of power in the West African country after the resignation of President Blaise Compaore, setting the stage for fresh street protests. The military top brass named Lieutenant Colonel Isaac Zida, deputy commander of the elite presidential guard, as head of state on Saturday. A power struggle within the armed forces was resolved by sidelining the chief of staff.

Key developments from the 55th session of the African Commission (May 2014)
Shrinking civil society space and violations on the basis of sexual orientation and gender identity have been the subject of some strong statements from NGOs at the 55th session of the Commission. This prompted aggressive responses from several of the States criticised. Many NGOs also raised the issue of shrinking civil society space across the continent.

News Archive

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)

The African Court on Human and Peoples’ Rights held its first session out of Tanzania (January 2012)

Summary report of the NGOs forum (November 2011)

African leaders agree a common position on aid, development (October 2011)

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)

Joint declaration – The 5th College-to-College meeting of the European Commission and the African Union Commission (June 2011)

The African Commission on Human and Peoples’ Rights meeting at its 49th Ordinary Session  (May 2011)

A call for comments on the draft Access to Information Model Law in Africa (May 2011)

The African Court on Human and Peoples’ Rights orders for Provisional Measures against Libya (March 2011)

Resolution passed at the 16th Ordinary Session of the Assembly of the Union (February 2011)

Statement by the Chairperson of the African Union Commission on the Situation in Tunisia (January 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)

The foregoing information was collected by the ICNL Civic Freedom Monitor partner organization.