by Walter Wilson Nana
The Chairperson of the African Commission on Human and Peoples’ Rights, ACHPR, Catherine Dupe Atoki says the protection of human rights is a very complex issue. At the close of a 48-hour official sojourn in Cameroon, precisely in Buea, the Southwest Regional capital, Atoki, amongst other concerns talked about the violation of human rights across the world, the role of Civil Society Organisations, CSOs, vis-a-vis human rights reports and the mandate of the African Commission, which is yet to be understood by many across the African continent.
Excerpts:
The African Commission on Human & Peoples’ Rights, ACHPR, what is it all about?
Mrs Catherine Dupe Atoki, Chairperson, ACHPR
The ACHPR is an organ that was established by the then OAU, now AU, twenty-five years ago with the mandate to promote and protect the rights of African citizens. It has its headquarter in Banjul, The Gambia, composed of eleven Africans, who should be experts in Human Rights and be nominated by their countries to face an election during the summit of African Head of States as the vacancies come up. We also have a duty to protect the rights of individuals brought forward to the Commission. Violation of rights must be brought forward to the Commission for us to attend to them. If it is a prominent national and international issue, we will react to it and intervene. For instance, we have several complaints laid in front of the African Commission against the State of Cameroon. They are ongoing. We’re not a roving watchdog, moving from one place to another. People should know that we are there and we are ready to intervene on request or mass or grievous violations not to be ignored even in the international level.
How far have you (ACHPR) gone with the promotion & protection of the rights of the African citizens?
The protection of human rights is very complex. But the African Commission, within its mandate, within its resources and within the opportunities that exist, has tried its best to ensure that the rights of Africans are protected. The main challenge being the non-compliance by States of recommendations, particularly when complaints have been brought before the African Commission, alleging violations of human rights by individuals.
Some observers have described Africa as a trouble
continent. Could that be a reason why the ACHPR finds it difficult to operate smoothly?
Everywhere in the world, there is trouble. Is the Middle East not troubled? That’s a view from the West. I want to counter that and say, everywhere is troubled. However, the situation of human rights in Africa is universal. It is same situation you find everywhere in the world. Syria is on fire now. That’s not in Africa, yet the UN has not been able to bring the situation under control. There are violations of human rights all over the world. But we as Africans, we will like to look our situation as Africans and see how we can help ourselves. But not to be boxing ourselves and look as a continent where noting works. That’s what I wish that we should erase in our minds. We should see Africa as just any other continent, struggling with democracy, compliance with human rights and the rule of law as it is all over the world.
On the ground, what is the commission doing to bring peace, human rights to the African people?
The commission has two mandates; to promote human rights, which is to ensure that Africans know their rights under the African Charter and to protect also, where their rights are violated. They can access the African Commission to seek redress. The African Commission deals with the protective mandate by addressing those issues that have been brought before it and recommending to states, whom the commission have found, having regards to the evidence before it, based on the submission of state, for the submission of complainant itself, the conclusion that has been drawn, where it has decided that the State is in violation, it will make recommendation to that State to redeem as appropriate. If there is need to change laws that are discriminatory, the commission makes such recommendations, if there has been and if monetary value, compensation will redress it, the commission makes appropriate recommendations as it deems fit.
Where is the place of gay rights in the African continent?
I will respond with the African Charter, which is the basis and the creation of the commission. This is the specific African Human Rights instrument that was developed by the OAU and now AU. The preamble of the Charter clearly, provides that the thinking behind the minds of the founding fathers should be rights protected but these should reflect the values and traditions of Africa. On that basis, the African Commission sees emerging rights like that coming up like protecting those who suffer from torture because he is a human being. Those are the points we look at when it comes to gays and homosexuals. We are not able, under the African Charter to find provisions for their protection as such. But they can be protected, if for any reason they are subjected to any other rights, not because of a special breed but because they are human beings.
How helpful has your Commission been to the minority problem in Cameroon, following the complaints brought forward to your Commission by the pressure group, the Southern Cameroon National Council, SCNC?
If a matter is before a Commission, we will let it be for them until a decision has been taken. I will not want to be seen divulging information which is may be detrimental to the State or the other parties involved. That will be subjudice and we move on from there until the final issues will be concluded.
Who should handle human rights issues; government instruments or civil society organisations?
From the perspectives of the African Commission, it is the State, the government that is responsible to protect rights. Civil Society Organisations are a supporting group, to help individuals realise the publications of State. It is the obligation of the State to publish human rights reports. Civil Society cannot contest as it were and then give contrary report. At the African Commission, the Charter provides that every State, should present their periodic report twice; every two years but CSOs have the opportunity to present what we call shadow reports, not officially before the Commission but you can bring reports before the Commissioners so that when they (Commissioners) engage the State, they have additional information as to what the State is providing. That’s the role of the CSO. They cannot come before the African Commission and contest, they are not obliged to present a report but they can support the work of human rights by giving us information that can positively build the State.
Are your recommendations binding to members of the AU?
They are recommendations, which should be taken seriously because it is based on their ratification of the Charter, which is implied that member States are committed to implementing the outcomes of that. Legally, I will say no but under international systems, you are bound by the treaties that you have signed and all African countries for now, are signatories to the African Charter. The AU recognises that the State parties are not forthcoming in implementing these decisions, they have moved forward to establishing the African Court on Human and Peoples Rights as a binding power where we can refer States that have failed to implement our decisions for appropriate action(s).
How can your decisions be implemented?
Everybody has a freedom of expression. The African Commission is not for holiday makers. It is not a group for safari. I am in Cameroon for serious work not for a pleasure trip. That’s what we do across the African continent, promoting the Charter. Part of the problem(s) in the African continent is ignorance. The African Commission is a serious institution for those who know it, work with it and work in. A lot of people don’t even know the mandate of the Commission or understand what we do. Some understand out of context. It’s not an organ that is available to cure all the ills of Africa, which is not possible. Our recommendations may not be enforced as expected under the Charter but we are aware of that and taking the necessary steps. It is the assembly of AU that sanctions States that have violated the rights of the citizens.
At the ICC it is a woman, Amadou Diallo, at the head of an important commission, in the African Commission, it is another woman at the top. Is this a new trend for the African woman?
It is about time!
You are in Cameroon at the behest of the Fako Lawyers Association, FAKLA, under the supervision of the Cameroon Bar Association. What do you have for them in your handbag?
I am responding to the FAKLA invitation and have been requested to speak on “The Role of the Contemporary African Lawyers in the Promotion and Protection of Human Rights in Africa”. This is a topic that is apt in the context of today’s Africa. The time has come for African Lawyers to take their responsibility in the face of human rights. This is the time to move away from the traditional modus operandi of lawyers and to refocus their attention. There are new developments coming up, especially in the area of ICT, e-business, communication and more. The human rights lawyer must be abreast with the times. He or she must be equipped with the new dynamics of the human rights that he is involved in. I am going to dwell on their role as lawyers in ensuring that rights are protected and not fold their arms and leave State parties only to carry out their protection. Lawyers, as officers of the court, have rights and they should know that they have more they can do in regards to the protection of rights in line with the African Charter of Human and Peoples Rights.
It is not every day we hear about the ACHPR and have its Chairperson talk to the media. What’s the message from the Commission to the African continent?
My message will go to State parties. They have the prime responsibility to protect their citizens. I will say to State parties who have indicated their commitment by ratifying the African Charter to implement the various recommendations emanating from the African Commission with regards to violations of rights and to also ensure their commitment to put legislative and other measures on ground to implement the Charter is also enforced by State parties. To the African people, there is more, they should also know what their rights are, know when it is violated and know the avenue they have to go to get to get their rights. Our headquarter is in Banjul, The Gambia, you can also access our website on www.achpr.org and to lay complaints to the African Commission. State parties do not commit on paper. They have to respect their engagements. The African Commission is open for all to seek redress. Let the complaints keep coming. We will all get there sometime.
Interviewed by Walter Wilson Nana
