ACHPR
African Commission on
Human and Peoples' Rights
269.
Human Rights our
Collective Responsibility
Article 58 of the African Charter provides that:
1.
2.
3.
When it appears after deliberations of the Commission that one or more
communications apparently relate to special cases which reveal the existence of
a series of serious or massive violations of human and peoples' rights, the
Commission shall draw the attention of the Assembly of Heads of State and
Government to these special cases.
The Assembly of Heads of State and Government may then request the
Commission to undertake an in-depth study of these cases and make a factual
report, accompanied by its findings and recommendations.
A case of emergency duly noticed by the Commission shall be submitted by the
latter to the Chairman of the Assembly of Heads of State and Government who
may request an in-depth study.
270. Article 58 of the African Charter is supported by Rules 79-80 of the 2010 Rules
of Procedure of the Commission. Rule 79(1)(a) provides that:
(1) The Commission shall treat a situation a,sa matter of emergency under Article 58(3)
of the African Charter, when:
(a) it is one of serious or massive human rights violations;
271.
Rule 80(1)(a) provides that:
(1) When the Commission
has decided to treat a situation as one of emergency, it shall:
a. Draw the attention of the Chairperson of the Assembly of Heads of State and
Government of the African Union to the matter in accordance with Article 58(3) of the
Charter;
b. Draw the attention of the Peace and Security Council to the matter in accordance
with Article 19 of the Protocol on Peace and Security;
c. Inform the Executive Council;
d. Inform the Chairperson of the African Union Commission of the matter.
2. The Commission as well as its subsidiary mechanisms under the Charter and present
Rules, shall also take any appropriate action, including Urgent Appeals.
272.
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