4. REGIONAL MECHANISMS
4.1
The African Commission on Human and Peoples’ Rights
In accordance with Article 30 of the African Charter on Human and Peoples' Rights, the
African Commission on Human and Peoples' Rights (ACHPR) was established in 1987 to
promote human and peoples' rights and ensure their protection in Africa.
The reports in the compilation ‘Mass Rape, Rape as Weapon of War and Women in War
Zones’ document a range of crimes against women and various forms of violation of
women’s rights, both in conflict and post-conflict contexts. Accountability for such crimes
within the national systems have been difficult as legal systems in most of these countries
have broken down or have only recently been reformed, the functionality of which is yet to
be complete. Even with a fractured legal system, States have often investigated and
prosecuted crimes like murder, assault, detention and torture but not sexual violence or
other forms of violations women experience.
Leaving sexual violence out of the
accountability process is a form of discrimination against women invoking State’s liability
and responsibility towards women. Testimonies of survivors from such contexts clearly
indicate violation of a number of articles of the African Charter, particularly Article 2, 3, 4,
5 and 6. Bringing communications of such violence to a regional body is an option for
justice that women survivors and women’s rights activists may want to consider pursuing
aggressively.
4.1.1 Key Provisions Relevant to Women’s Rights
Articles of the African Charter most relevant to address violation of women’s rights are:
Article 2 prohibits discrimination on the grounds of sex
Article 3 provides equality before law and equal protection of law
Article 4 assures right to life
Article 5 prohibits torture and cruel, inhuman and degrading treatment
Article 6 gives right to personal liberty and protection from arbitrary arrest
Article 7 concerns the right to fair trial
Article 14 concerns the right to property
Article 15 concerns the right to work
Article 16 concerns the right to health
Article 17 concerns the right to education
Article 18 concerns the protection of the family and vulnerable groups
Article 18(3) provides that the State shall ensure the elimination of every form of
discrimination against women and also ensure the protection of the rights of the
woman and the child as stipulated in international declarations and conventions.
i)
Admissibility
Communications are subject to all the general admissibility criteria listed in the
admissibility section. The additional criteria, specific to the African Commission are:
the complaint must not be based exclusively on news disseminated through the
mass media;
the complaint must be submitted within a reasonable period of time from when the
local remedies had been exhausted;
the complaint does not deal with cases which have been already settled in
accordance with the principles of the Organisation of African Unity (OAU) or the
provisions of the African Charter of Human and Peoples’ Rights.
Although one of the admissibility criteria is that the communication cannot be anonymous,
the victim or the survivor herself need not send the communication. It may also be sent by
an NGO, on behalf of the victim. Moreover, unique in the human rights system is the
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REGIONAL MECHANISMS | REDRESS
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