WiLDAF WEST AFRICA
Newsletter

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The African Commission on Human and Peoples’ Right (ACHPR) has for the first time, nominated a woman as Chairperson, Mrs Salamata Sawadogo. Commissioner since 2001, she is also the Ambassador of Burkina Faso to Senegal. As a judge, she held many positions in the Burkina justice Ministry. She also involved herself in women’s rights defence, namely within the Association of Women Lawyers of Burkina Faso of which she was the chairperson.
The Commission started its activities on 2 November, 1987 after the entry into force on 21 October 1986 of the African Charter on Human and Peoples’ Rights establishing it (Article 30) which all African countries have ratified. The Commission meets two to three times a year for about ten days during which the commissioners report on the activities they carried out, analyse reports submitted by countries on human rights and discuss the challenges facing the implementation of the African Charter.

WiLDAF: Could you explain to us what the Commission’s mission is and what its work consists of?
Salamata: The eleven members of the Commission are elected by the Assembly of the Heads of State and Government of the African Union for a six-year term. After they have been elected, they sit as individuals; in other words they do not represent their original States. They work for the promotion and the protection of the entire States Parties to the African Charter on Human and Peoples’ Rights.
The commissioners have to implement the missions entrusted to the Charter grouped into three main aspects: promotion, protection, interpretation of the Charter or of any other instrument relating to human rights.
The mission of promotion comprises the constitution of documentary base, studies and researches in the area of human rights, training and education in human rights (seminars, conferences, etc.). It may also concern giving advice or making recommendations to governments. It is obviously within this framework that the different commissioners undertake mission to countries to conduct activities and report to the commission. This also includes preparing draft bills that can serve as basis to governments in settling problems relating to human rights. Finally, the commissioners review reports submitted by the countries on the status of human rights on their territory.
Within the framework of the mission of protection, the Commission can intervene in event of human rights violation according to the procedures provided by the Charter and the rules of procedures.
And the mission of interpretation implies that the Commission can be requested by a State Party, an African Union (AU) institution or any other organisation recognised by the AU to interpret provisions contained in the African Charter on Human and Peoples’ Rights.
This is an overview of the main tasks a commissioner can undertake alone or within the framework of a group work. In any case, the findings of the works are submitted to the Commission for approval to be considered as a decision emanating from it.
The Chairperson is elected among the commissioners for a two-year term renewable.
WiLDAF: Before being Chairperson, you were already Commissioner. Is there any difference between the two positions?
Salamata: While conducting as much as I can my duties as a commissioner, I must also coordinate the institution’s work, answer on behalf of the latter at administrative level, conduct sessions, etc. with the support of the Secretary to the Commission.
The Article 18 of the rules of procedures provides that in the exercise of his/her function, the Chairperson shall remain under the Authority of the Commission. Hence, the need of frequent consultations between members of the Commission when it comes to taking important decisions, especially during inter-sessions.
WiLDAF: Is it the first time that this position is being held by a woman? How do you assess your contribution to the advancement of women’s rights within this institution?
Salamata: I was elected at the Commission in 2001 and I think that this is the first time a woman has been elected Chairperson.
At the end of my two years as Chairperson, and with the support of all and particularly of women’s rights militants, I wish to contribute to the improvement of the status of women in Africa. I recall in the meantime that before joining the ACHPR, I was active chairperson until my departure as Ambassador to Dakar and I am still a member of the Association of Women Lawyers of Burkina Faso (AFJ/BF). AFJ/BF is by the way member of WiLDAF/FeDDAF-Burkina Faso.
As Chairperson, I think that the advancement of women’s rights in Africa is also achievable through the adherence of a great number of States to the Protocol to the African Charter on Women’s Rights. At the moment, the priority objective is its entry into force when the 15 required instruments of ratification would have been deposited. But I insist to say that we must move towards a maximum of countries ratifying this instrument so that this becomes a really Pan-African tool for the protection of women’s rights.
The Commission could refer to the newly created African Court on Human and Peoples’ Rights whose establishment Protocol entered into force on 25 January 2004 to examine cases of human rights violation which complement and reinforce the protection mission of the Commission (Article 2 of the Protocol on establishment of the Court).
Women’s rights are fully seen as human rights. But these are still unrecognised rights and not given enough consideration in the countries of the continent, hence, the need to undertake concrete actions for the promotion and protection.
WiLDAF: Were there any complaints concerning women’s rights at the Commission?
Salamata: To my knowledge the Commission has not yet recorded any complaint relating to specific women’s rights violation.
If need be, the procedure for seizing the Commission is easy enough and does not take any particular forms. Individuals or group of individuals, NGOs, State Parties to African Charter can seize the ACHPR for a complaint. However, provisions of the Charter set conditions for seizing the ACHPR for complaints. In order to help the people concerned, the Commission developed directives for the presentation of communications (complaints) that can be obtained from the Secretariat.
WiLDAF: The Protocol to the African Charter on Human and Peoples’ Rights on Women’s Rights was adopted but has not yet been ratified and implemented. Can you, anyway, enforce the principles defined thereon?
Salamata: In this case, a text can be evoked against a party and be enforceable against the said party if the latter adhered by depositing instruments for ratification at the Headquarters of African Union.
Pending its entry into force, the Commission can refer, if need be, to instruments such as the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW), the Optional Protocol to the international covenant relating to civil and political rights and to some national legislations presenting advancement as compared to the protocol.
WiLDAF: Through what process will the Commission refer it to the African Court on Human and Peoples’ Rights for examining matters of human rights violations?
Salamata: I wish I could reserve my answer, for, I think that beyond the complementarities of the two structures recognised by the Protocol relating to the African Charter on Human and Peoples’ Rights on the establishment of an African Court on Human and Peoples’ Rights, it would be advisable to wait for the development of the rules of procedures of the Court and maybe changes in the Commission’s texts in order that there is a good coordination of activities. One must bear in mind that the Court is a jurisdictional body that can, as provided in Article 33 of the Protocol, consult the Commission as and when needed.
WiLDAF: Would you add a last word for readers of this newsletter?
Salamata: To the readers, I wish to emphasise that women do not claim rights belonging to men. They claim, for cause, the recognition and the enjoyment of their rights as human beings, stakeholders and agents of development.
A man wrote this once: « women are claiming equality with men, they really lack ambitions ».
I think on the contrary, that they are wise because their struggle is a demanding one.
Thank you Mrs Salamata Sawadogo
References:
ACHPR: www.achpr.org
African Union: www.africa-union.org