by Richard Chidowore
The African Commission on Human and People’s Rights (ACHPR), since its formation seven years ago, has tried to provide a channel for constructive dialogue between itself and the states on human and people’s rights.
Established by African governments on 21 October 1986, the independent Commission’s definition of human rights includes social, land, economic as well as legal aspects, as contained in the African Charter on Human and People’s Rights.
The Commission, made up of 11 members appointed by the Organization of African Unity (OAU), meets every six months and each member serves a two year term of office.
Based in Banjul, Gambia, its responsibilities are to protect, supervise and promote human rights. The 11-member commission also examines complaints submitted by individuals and non-governmental organizations (NGOs) against states which have ratified the Charter but do not adhere to it. Human rights are also promoted through education and publicity.
Instead of relying solely on information provided by human rights organizations which are, in most cases, based outside Africa, the Commission works closely with governments and NGOs in Africa which help in compiling human rights reports in various countries.
The ACHPR require states to submit periodic reports every two years and to send written submissions as soon as possible if they cannot answer some questions during presentation of the reports before the commission.
The participation of NGOs in compiling human rights reports is viewed by the Commission as making the human rights reports more credible.
States are required to provide economic, social and cultural indicators. The initial reports should also address the substantive articles of the African Charter such as the civil and political rights, economic, social and cultural rights. The reports should also include measures taken by the state to promote human and people’s rights such as human rights and democracy in the school curriculum.
The African Charter cover duties of states, which are responsible for the protection and welfare of their citizens. They include guaranteeing the independence of the law courts and promoting awareness of human rights.
In the context of the promotion, respect for and protection of human rights, the ACHPR has requested an affiliate, the Southern African Research and Documentation Centre (SARDC), to organize a seminar that will highlight the problems of refugees and internally displaced persons in Africa. The continental seminar, is intended to heighten sensitivity to refugee concerns and strengthen legal frameworks for their protection. The ACHPR intends to bring together experts from governments, NGOs and institutions working with refugees, as well as refugees themselves from 16 to 18 February 1994 in Harare to reflect on the plight of refugees and displaced persons and come up with recommendations for action.
The discussions are expected to relate the problems of African refugees and internally displaced persons to relevant instruments and in particular the African Charter on Human and People’s Rights.
Africa alone has more than six million out of the estimated 17 million refugees worldwide, while several other millions are internally displaced in their own countries.
In southern Africa, civil wars and destabilisation in Mozambique and Angola have caused large numbers of people to flee to neighbouring countries such as Malawi, Zimbabwe, Zambia, South Africa and Zaire.
In West Africa, political unrest and insecurity have caused several cross-border movements. The refugee . population in West Africa has been marked by the continued massive presence of Liberian refugees in neighbouring countries, notably Guinea, Cote d’Ivoire and Sierra Leone.
The situation is worse in the Horn of Africa where more than half a million Somali refugees are found in eastern Ethiopia. Due to its position at the crossroads of the horn, Djibouti has been affected by instability and political changes in neighbouring countries. Chad, Kenya and Sudan are also “receivers and exporters” of refugees.
In Central Africa, an estimated 500 000 Rwandese refugees now live in neighbouring Tanzania, Uganda, Burundi and Zaire. On the other hand Tanzania is host to more than 300 000 refugees, half of them from Burundi. Tanzania, has however, given citizenship to some refugees who have been in the country for more than 10 years.
It is initiatives such as the planned action-oriented seminar that can bring about recommendations that will improve the well-being of African refugees and displaced persons. (SARDC)
