Recent Developments in the African Regional Human Rights System

Abstract

It is commendable that undoubted resource constraints 1 have not impeded continual positive developments in the African regional human rights system. Generally, these developments have been in the spheres of standard-setting (i.e. normative development), case law (i.e. jurisprudential development) and enforcement mechanisms (i.e. institutional development). It has been observed in respect of these three spheres that ‘Africa's regional human rights architecture grew in 2002’. 2 Since then, there have been further positive normative, jurisprudential and institutional developments within the African human rights system. This article will critically analyse some of the developments in each of these three spheres for 2003. In the sphere of normative developments, three relevant standard-setting instruments are herein highlighted for their importance. The first is a treaty which was at the final stage of adoption in 2002: the African Union (AU) Convention on Preventing and Combating Corruption (CPCC). 3 The Convention was approved by the ministerial conference convened to examine it in 2002, but its final adoption by the Assembly of Heads of State and Government (AHSG) of the AU was put forward to 2003. The final adoption of the CPCC was achieved at the second Ordinary Session of the AHSG in Maputo on 11 July 2003. Given that corruption is one of the major endemic obstacles hindering the realisation of human rights in Africa, especially economic, social and cultural rights, the final adoption of this anti-corruption convention is a very welcome development. The chairperson of the ministerial conference in 2002 described the CPCC as being ‘at the cutting edge of combating corruption’ in Africa. 4 However, much still depends on how quickly the CPCC will enter into force and its effective implementation thereafter. It shall enter into force ‘thirty (30) days after the date of the deposit of the fifteenth instrument of ratification or accession’. 5 So far, it has been ratified by only six Member States. 6