RESOLUTION ON GRANTING OBSERVER STATUS TO NATIONAL HUMAN RIGHTS
INSTITUTIONS IN AFRICA
BACKGROUND
In the preamble of the African Charter on Human and Peoples' Rights adopted at the 18th
Conference of Heads of State and Government in Nairobi in June 1981, Member States of the
Organization of African Unity reaffirmed
"their adherence to the principles of human and peoples' rights and freedoms contained in
the declarations conventions and other instruments adopted by the Organization of African
Unity, the Movement of Non-Aligned Countries and United Nations."
In the same preamble, African Countries pledged to "...coordinate and intensifv their cooperation and
efforts to achieve a better life for the peoples of Africa and to promote international cooperation
having due regard to the Charter of the United Nations and the Universal Declaration of Human
Rights."
With the aim of concretizing this commitment, Article 26 of the African Charter on Human and Peoples'
Rights stipulates that :
"States Parties to the present Charter shall have the duty to guarantee the independence of
the Courts and shall allow the establishment and improvement of appropriate national
institutions entrusted with the promotion and protection of the rights and freedoms guaranteed
by the present Charter."
The use of the word "allow" suggests not just encouraging and promoting the establishment of
National Institutions but also developing a mutually cooperative relationship in order to "promote and
ensure, through teaching, education and publication, respect for the rights and freedoms contained in
the present charter ..." (Article 25).
National Institutions, therefore, are an essential partner in the implementation of the Charter at
National Level. It is noted that the Mauritius Plan of Action (1 996-2001) envisage workshops on
national institutions as one of its promotional activities. It also seeks the cooperation of national
institutions in fulfilling its mandate of promoting and protecting human and peoples' rights.
Finally, the 2nd, Seminar of Ambassadors of African States to the OAU held in Addis Ababa, 8th – 9th
September 1998 recognized the importance of National Institutions and urged Governments to
accord them appropriate support.
African States in general and the African Commission on Human and Peoples' Rights in particular
took an active part in the deliberations of the World Conference on Human Rights which was held in
Vienna in June 1993. The Vienna Conference's Declaration and Programme of Action reaffirmed :
"the important and constructive role played by national institutions for the promotion and
protection of Human Rights, in particular in their advisory role to the competent
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