November 21, 2022

African leaders must protect the Commission on Human Rights

topic:	Human Rights
located:	Ethiopia, South Sudan, Kenya
editor:	Bob Koigi

In the recent past, Africa has been rocked by a series of conflicts that have not only threatened to destabilise nations and regions, but have been the cause of serious human rights violations, including war crimes and crimes against humanity, leaving ordinary citizens to pay the ultimate price. 

From the conflict in Ethiopia, the civil war in South Sudan and the Islamist-group led insurgency in the Sahel, among other hostilities that have shaped the continent, the parties to these conflicts have flexed their muscles to advance their causes, leaving behind bloodshed, deaths and victims crying for justice. In most cases, these victims are left without support. 

Yet, even in the most difficult environment, The African Commission on Human and Peoples’ Rights (ACHPR) has been the defender and protector of these victims. About 35 years after it was formed to defend individual and collective human rights, the commission continues to shape the course of justice in the continent, passing landmark rulings that have protected livelihoods, guarded democracies and sanctified the dignity of human life. 

In one of its most historic rulings touching on the eviction of the indigenous Endorois community from their homeland in central Kenya, the commission highlighted multiple violations of the community’s rights. It became the first ruling that explained what constitutes indigenous peoples in Africa, while detailing their rights to land. It also became the first ruling from an international tribunal to identify a violation of the right to development. 

At a time when African governments came under criticism for their violation of human rights during the COVID-19 pandemic, the ACHPR issued a resolution reiterating that human rights and freedoms were central to governments’ responses to the pandemic. It has also issued a resolution condemning any expulsion of refugees and asylum seekers to nations where their lives and freedoms are at risk. 

Even as it makes these groundbreaking resolutions and rulings, the commission has faced numerous headwinds, including the refusal by states and government officials to respect its rulings and proposals to have its mandate and independence limited, which risk reversing the gains made over the last three decades. 

As pockets of violence continue to erupt in various regions of Africa, threatening the lives and rights of citizens, the pivotal role of the commission cannot be denied. It should, now more than ever, be strengthened and protected. African leaders should show political will and respect for human rights in word and deed by ensuring and guaranteeing the total independence and respect of the rulings and resolutions of the commission. 

The civil society and media should amplify their voices, calling on leaders to put in place parameters and mechanisms that guarantee the ACHPR’s autonomy for the sake of the millions of African citizens who depend on it to guard their rights. 

Photo by Ian Macharia

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