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On Saturday 30 November 2024, the Centre for Human Rights, Faculty of Law, University for Pretoria (the Centre), sensitised Members of Parliament (MPs) of the Pan-African Parliament (PAP) on ratification of African Union (AU) human rights treaties. This session was one of the sessions during PAP’s Regional Workshop on the Ratification and Implementation of AU legal instruments on shared values held from 29 to 30 November 2024, the seat of PAP in Midrand, Johannesburg, South Africa. The workshop is part of PAP’s efforts to facilitate the effective implementation of AU’s policies and objectives.

The Centre was represented at this event by Brian Kibirango (Ag. Manager of the Litigation and Implementation Unit) who facilitated the session titled The African Human Rights systems (AU Charters & Protocols) and their ratification and implementation in Southern Africa and attended exclusively by PAP MPs from Southern Africa region member States. This session sought to sensitise the participating MPs on the status of adoption of key AU human rights treaties by their member States, the key impediments to ratification, as well as their role in and strategies for enhancing ratification of AU human rights instruments.

Mr. Kibirango’s presentation commenced with a congratulatory note to the southern Africa member States for their overwhelming support for the AU treaty relating to rights of children (African Charter on the Rights and Welfare of the Child adopted on 1 July 1990, entered into force on 29 November 1999) and rights of women (Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa – also known as the Maputo Protocol – adopted 01 July 2003 and entered into force on 25 November 2005). He highlighted the need for Botswana – the only country in the region that has neither signed nor ratified the Maputo Protocol – to emulate fellow southern Africa member States in committing to guarantee women’s rights under the Maputo Protocol.

However, the presentation noted that the commitment of southern Africa member States has been inconsistent regarding other important instruments. Key among these is the Protocol to the African Charter on Human and Peoples' Rights on the Establishment of an African Court on Human and Peoples' Rights, which has not yet been ratified by Angola, Botswana, Namibia, Seychelles, Eswatini and Zimbabwe, yet all these States signed the Protocol. The presentation further noted that apart from Malawi, none of the other countries from the southern region which ratified the Court Protocol has submitted the Declaration under Article 34(6) of the Court Protocol, to allow direct access to the African Court to individuals and NGOs with observer Status before the African Commission on Human and Peoples’ Rights. Furthermore, none of the southern Africa countries has ratified the Statute on the Establishment of Legal Aid Fund for the African Union Human Rights Organs which the AU adopted on 30 January 2016. The pending state action on this instrument was however noted to be general, as the AU database did not provide information of there having been any signature or ratification of it by any AU member State at the time this presentation was made.

Regarding the rights of persons with disabilities, only six (6) southern African member states (Angola, Malawi, Mozambique, Namibia, South Africa and Zimbabwe) have taken the step to ratify the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Persons with Disabilities in Africa. Similarly, only four (4) Southern Africa member states, namely Angola, Lesotho, Malawi and Mozambique have ratified the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Older Persons adopted on 31 January 2016. While //africanlii.org/akn/aa-au/doc/resolution/2024-11-06/617/eng@2024-11-06">the two instruments have finally entered into force this year, 2024, persons with disabilities and older persons in several member States from southern Africa are still locked by their governments from claiming the protections guaranteed under these two instruments, despite an abundance of calls to action.

Also pending ratification by some southern Africa member States is the AU Convention for the Protection and Assistance of Internally Displaced Persons in Africa (The Kampala Convention; adopted on 23 October 2009 and entered into force on 6 December 2012). This instrument is not ratified by Mauritius, South Africa, Botswana and Namibia). Notably, Mauritius and Namibia have also not yet ratified the AU Convention Governing Specific Aspects of Refugee Problems in Africa (adopted on 10 September 1969, entered into force in on 20 January 1974).

The Centre’s presentation further noted that the southern caucus member States are also still lagging in signing and adopting key AU human rights instruments on other issues of concern to the African Continent. For example, the Convention on the Prevention and Combating of Terrorism (adopted on 1st July 1999, entered into force on 6th December 2002) is yet to be ratified by 5 states from this region namely Botswana, DRC, Eswatini, Zambia and Zimbabwe. On their part, the Protocol on Social Assistance and Social Security (adopted in 2022), and the Protocol to the African Charter on Human and Peoples’ Rights Relating to the Specific Aspects of the Right to a Nationality and the Eradication of Statelessness in Africa (adopted 18 February 2024) have not been signed or ratified by any member state from the southern region. In fact, across the continent, only Niger and Sao Tome & Principe have signed on one of these instruments – the Protocol on the Right to social security.

Based on this performance, the Centre for Human Rights highlighted an urgent need for PAP MPs from the Southern caucus to familiarise themselves with the AU human rights instruments to be able to effectively engage governments to fast track ratification and implementation of these instruments. This support is needed to address some of the glitches associated with ratification and implementation of AU treaties, including lack of political will, administrative red tape, bureaucratic coordination, and inadequate technical capacity.

It was also noted that the inaction on AU human rights treaties has sometimes been due to flimsy excuses and what appears to be a misconceived fear by some States that ratification of treaties will subject them to legal risk.

In this regard, Mr. Kibirango cited Mauritius’ 11th Periodic Report (for the period 2019-2024) submitted to the African Commission on Human and Peoples’ Rights (last accessed on the Commission’s website 6 December 2024), which he noted to present several concerning explanations for the State’s non-ratification of key AU human rights treaties as highlighted below:

This report indicates that Mauritius’s ratification of the African Charter on Human and Peoples’ Rights on the Rights of Older Persons in Africa (which it signed on May 2021), ‘has been kept in abeyance until issues regarding access to buildings by older persons are attended to’ (paragraph 60).  In regards to the pendency of Mauritius’ ratification of the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Persons with Disabilities, the report attributes this to the fact that it has not yet cleared ‘issues related to the UN Convention on the Rights of Persons with Disabilities, pertaining mostly to buildings’ (paragraph 61). Concerningly, the report neither specifies the exact issues it refers to, nor the progress or plans in place to address them.

Regarding the Convention for the Protection and assistance of Internally Displaced Persons in Africa, paragraph 62 of Mauritius’s 11th Periodic Report states: ‘The ratification and signing of the African Union Convention for the Protection and assistance of Internally Displaced Persons in Africa is not being envisaged in view of the fact that Mauritius being a Small Island Developing States (SIDS), does not have any cross border internally displaced person movements.’ Mr. Kibirango noted that the Mauritius’ suggestion that, as an Island State, it is not susceptible to internal displacement, evidences a misunderstanding of the concept of internally displaced persons as well as the import of the relevant Convention.

He also critiqued Mauritius’ insistence on not ratifying the 1969 OAU Convention Governing the specific Aspects of Refugee problems in Africa, as well as the instruments relating to protection of migrant workers, arguing that Mauritius ‘is geographically small and being amongst the most densely populated island state [with] limited resources and would not be able to provide the core basic services that would be required’ (paragraphs 64 & 66 of Mauritius’s 11th Periodic Report to the African Commission).

As part of the way forward, the Centre for Human Rights highlighted the opportunity presented by the changes in leadership in southern African countries such as Botswana, Mozambique, Namibia, and South Africa following recent elections. In some of these countries, the new governments have exhibited pro-human rights tendencies, which provides a basis for meaningful engagement through sensitisation on the need for them to adopt and implement pending AU human rights treaties. For example, Botswana’s newly elected President – Duma Boko, is an internationally recognised human rights lawyer who has already embarked on progressive reforms in the country, including //www.tiktok.com/@plutocrat0/video/7439015207491439927">announcing the burial of Gaborekwe Pitseng’s body  on 10 December 2024, at his ancestral home at Metsiamanong in Central Kalahari Game Reserve (CKGR), after having spent more than two years in mortuary.

The Centre wishes to thank the Secretariat of PAP for the collaboration through which these engagements with MPs and other stakeholders, are undertaken. Through this engagement, the Centre contributed to PAP’s commitment to encourage AU member States to fast-track signing, ratifying, and acceding to instruments on shared values, particularly those relating to human rights, good governance, democracy and peace and security, in line with Agenda 2063. It is noted, in this regard, that the AU considers the adoption of its instruments on shared values to be key to the achievement of AU’s policy goals.

Notably, the Centre also facilitated a session on the Trends observed in elections held in the Southern African Region and the lessons learnt from the post-election dynamics, which was done by the Manager of the Democracy and Civic Engagement Unit – Ms. Bonolo Makgale.


For more information, please contact:

Manager: Litigation and Implementation Unit

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