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Collaborations
Strengthening the African Human Rights System:
Collaborating on the Regional Level
Ongoing developments on the African continent underscore the pressing need for organisations to collaborate on initiatives to enhance the promotion and protection of human and peoples’ rights; strengthen the credibility of the African human right system; and expand access for African citizens and civil society organisations (CSOs) to African human rights mechanisms. ISLA, through its collaborations unit strives to address these needs, by facilitating collaborative partnerships, initiating campaigns, mobilising CSOs and ensuring that the African human rights system increasingly becomes a conducive environment for the fair dispensation of justice.
This piece highlights two crucial collaborative Campaigns that ISLA is leading, first, the African Union (AU) Reforms Campaign, which focuses on the ongoing AU institutional reforms, their possible implications on the African Human Rights system and CSO’s engagement. Second, the Article 59(1) Campaign, which deals with the African Commission on Human and People’s Rights (ACHPR) restrictive interpretation of Article 59(1) of the African Charter and its implications on protection of human rights on the continent. Both these issues have respectively posed threats to the African human rights system, leading to the burgeoning of advocacy and litigation initiatives aimed at strengthen the human rights landscape.
As a result, ISLA has increasingly collaborated with partner organisations. Most notably in October 2024, ISLA, together with its partner organisations, held a total of 10 events on the sidelines of the 81st Ordinary Session of the ACHPR; as well as a Panel Discussion as part of the Ordinary Session. (For more information on these events, please read our Communique). These Octobers’ events, as well as initiatives since, are worth reflecting on within the scope of two specific collaborative advocacy initiatives – (1) AU Reforms Campaign; and (2) Article 59(1) Campaign.
AU Reforms Campaign
In 2016, it became apparent to African leaders that institutional reforms of the African Union were necessary. While implementing the AU Reforms, states enforced limitations on the usage of donor funds specifically for human rights and governance initiatives, advocating for financial independence from international entities. Consequently, already financially strained human rights mechanisms encountered further operational restrictions. Moreover, a proposition to consolidate all AU human rights treaty bodies into a single entity emerged, with the objective of embedding their responsibilities within overarching issues. Notably, a consultation process with relevant organs was not initially undertaken. It was only after at a later point that the AU commenced a roadmap to consult the affected entities. It is also worth noting that CSO’s, who are primary users of the human rights mechanisms, were inadequately consulted.
These proposed reforms pose several adverse implications on the African Human Rights System, such as loss of specialized focus, conflicting priorities, bureaucratic challenges, and an overstretched mandate. Given the critical impact these reforms could have, it is essential for CSOs to actively engage in scrutinizing the true intentions behind these initiatives.
Based on this ,the AU Reforms Campaign emerged. The Campaign aims to ensure that the AU reforms process strengthens rather than undermines the African Human Rights System.
On 15 October 2024, ISLA, Synergia – Initiatives for Human Rights, Centre for Human Rights, Institute for Human Rights and Development in Africa, and Robert F Kennedy Human Rights convened the AU Reforms and Civil Society Engagement: Launch of AU Reforms Knowledge Products on the sidelines of the ACHPR 81st Ordinary Session. This session served as a platform to launch AU Reforms Knowledge Products developed to support civil society actors in understanding and navigating the AU Reforms process.
The event was notably well attended by a diverse group of Civil Society Organizations (CSOs) who underscored the critical importance of CSO engagement in the reform process. Participants highlighted a considerable knowledge gap and the lack of adequate consultation, stressing that meaningful CSO involvement is essential to drive reforms that truly strengthen the African Human Rights System. They also expressed their appreciation for the knowledge products we have developed, which have proven valuable in navigating the complexities of the ongoing reforms, and shedding light, to a process that is largely shrouded in secrecy.
Despite initial expectations for reforms to conclude by early 2025, it has become clear—especially in light of developments ahead of the recent AU Commission elections—that the finalization of these reforms will be delayed. The persistent opacity and limited transparency regarding the AU reforms process further emphasize the urgent need for a more robust and consultative engagement strategy. This delay in the adoption of the reforms presents a valuable opportunity for enhanced engagement and dialogue. The extended timeline allows CSOs and reform stakeholders to address existing knowledge gaps more thoroughly, ensure greater transparency, and foster more meaningful consultation. With this additional time, ISLA and its Co-conveners will strengthen their collaboration with both government officials and the broader civil society, ultimately contributing to a more inclusive and effective reform process
Overall, The panel served as a meaningful platform for dialogue, and we remain committed to working with all stakeholders to push for a progressive interpretation of Article 59(1) that aligns with the Commission’s human rights protection mandate.
The ACHPR’s current interpretation of Article 59(1) extends confidentiality to all aspects of communications proceedings, including legal submissions, and information pertaining to ongoing communications. This blanket confidentiality poses significant obstacles to human rights protection and the participatory role of CSOs in ongoing legal processes, such as the submission of amicus briefs. The current interpretation of Article 59(1) by the African Charter hampers access to information, violates the right to a fair and public trial, and restricts advocacy efforts related to pending communications. This interpretation runs counter to established international and regional human rights standards, impeding the capacity of CSOs and individuals to engage effectively in human rights discourse and strategic litigation.
In response, the Article 59(1) Campaign – conducted by the Litigant’s Group, CSOs and individual litigants– was born. The Article 59(1) Campaign is an initiative seeking to advocate for a progressive interpretation of Article 59(1) of the African Charter by the ACHPR. This interpretation is meant to enhance transparency and create a more conducive environment for human rights litigation in Africa.
The panel discussion was a crucial step in advancing advocacy for a more transparent and accountable human rights system in Africa. The discussion reaffirmed concerns that excessive confidentiality undermines civil society’s ability to meaningfully engage in communications, whether by submitting Amicus submissions, engaging in advocacy efforts, or follow up on states implementation of decisions. Key take aways from this panel discussion include;
Critical Gaps in Commissioner Understanding:
Commissioners raised fundamental questions about the practical implications and historical context of Article 59(1).
For example, some commissioners highlighted the need for comparative analysis of similar provisions in other jurisdictions
and questioned the mechanisms for amending provisions that may have outlived their usefulness. These inquiries revealed gaps
in the conceptualization of “all measures” and the role of confidentiality within modern realities.
State Representatives’ Uptake:
While limited, state representatives such as those from South Africa and the DRC engaged constructively. South Africa suggested examining lessons from the reformation of the UN Human Rights Council’s 1503 procedure, emphasizing the importance of integrating this issue into broader African Union reform processes. This indicates a willingness among some states to approach Article 59(1) reform systematically, though tangible commitments were minimal.
CSO Advocacy Successes:
The panel underscored the critical role of CSOs in framing the discussion and driving the agenda forward. The presentations made effectively illustrated how the current interpretation of Article 59(1) undermines public scrutiny, strategic litigation, and access to justice, reinforcing the campaign’s objectives to align ACHPR practices with international standards.
ACHPR Commitment:
ACHPR Commitment: The ACHPR, through its Secretariat, committed to remaining seized of the matter, acknowledging that the panel serves as an important starting point for deeper engagement and reform.
“All measures taken within the provisions of the present Chapter shall remain confidential until such a time as the Assembly of Head of States and Government shall otherwise decide”.
About Us
Founded in 2014, the Initiative for Strategic Litigation in Africa (ISLA) is a Pan-African and feminist initiative with a timely remit: to strengthen strategic human rights litigation across the African continent. Essentially, we aim to change the way that strategic litigation is used so as to enable broader access to justice and to support those who seek to hold states accountable for violations of women’s human rights and sexual rights.
Contact Details
Contact Number:
+27 11 338 9028
Fax: +27 11 338 9029
Address: 87 de Korte Street,
South Point Corner, 7th Floor Braamfontein, 2017 Gauteng, South Africa