Abstract
During the year 2016 several significant normative developments were recorded in the African human rights system. The Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Older Persons in Africa was adopted but is yet to be ratified by any member state. The African Court delivered three merit decisions dealing with the right to fair trial and the right to political participation: a judgment on reparations; one ruling on jurisdiction; and one ruling on a review application. Despite this positive outlook, Rwanda’s withdrawal of its article 34(6) declaration allowing direct access by individuals and NGOs posed a real challenge to the Court’s legitimacy in cases with sensitive political implications. Both the African Commission and African Children’s Committee made progress on the examination of state reports. As far as communications are concerned, the African Commission delivered seven merit decisions, while the African Children’s Committee delivered two decisions on the merits and one ruling on admissibility. The African Children’s Committee’s decision on the age of childhood in Malawi, which was reached through an amicable settlement, led to constitutional amendments increasing the age of adulthood from 16 to 18 years. Finally, the trial and conviction of former Chadian dictator, Hissene Habre, by the Extraordinary African Chambers served as a breath of fresh air in the fight against impunity for human rights violations in Africa.
Highlights
The article highlights important developments in the African human rights system in the course of 2016
Its impact depends on how quickly states will ratify and diligently implement it. Another important development regarding the African Union (AU) political organs was the recommendation by the AU Executive Council in July 2016 to the AU Assembly to amend article 5(1) of the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights to include the African Children’s Committee in the list of entities entitled to refer cases to the African Court.[25]
The year 2016 was declared by the AU as ‘the African year of human rights with particular focus on the rights of women’
Summary
During the year 2016 several significant normative developments were recorded in the African human rights system. The African Court delivered three merit decisions dealing with the right to fair trial and the right to political participation: a judgment on reparations; one ruling on jurisdiction; and one ruling on a review application Despite this positive outlook, Rwanda’s withdrawal of its article 34(6) declaration allowing direct access by individuals and NGOs posed a real challenge to the Court’s legitimacy in cases with sensitive political implications. Rwanda’s withdrawal of its article 34(6) declaration allowing direct access by individuals and NGOs posed a real challenge to the Court’s legitimacy in cases with sensitive political implications Both the African Commission and African Children’s Committee made progress on the examination of state reports.
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