COMPILATION OF INTERNATIONAL NORMS
AND STANDARDS RELATING TO DISABILITY
Part III. Regional Human Rights. 4/6   
3. Africa
3.1 The African Commission on Human and Peoples' Rights
The African human rights system is the "youngest" regional system. One
of the most distinctive features of the African Charter on Human and People's Rights is
its recognition of collective rights. It views individual and peoples rights as
linked. The other distinctive feature is the recognition of the right to
development.
The African Charter on Human and Peoples' Rights having
been ratified by an absolute majority of States after an energetic consciousness-raising
campaign conducted by certain Heads of State of the OAU and certain NGOs. The Charter
contains a list of the prerogatives and obligations, which are protected and also of the
organs for the protection and defence of those same values. Part I includes rights and
duties applying to individuals and groups alike, e.g. the right to life (article 4). The
Charter places special emphasis on the rights and duties of the community, especially the
family, society and nation. Lastly, the Charter accords a place to the so-called third
generation rights, mainly the rights to peace, solidarity, a healthy environment and
development.
Article 18 (4) of the Charter provides that the disabled have the right to special
measures of protection in keeping with their physical or moral needs. Article 16 (1)
provides that every individual shall have the right to enjoy the best attainable state of
physical and mental health.
Article 30 of the African Charter on Human and Peoples' Rights
stresses the existence of an African Commission on Human Rights within the Organization of
African Unity. The mandate of the Commission is to promote Human and Peoples'
Rights. In particular, it collects documents; undertakes studies and research on
African problems in the field of human and peoples' rights; organises seminars, symposia
and conferences; disseminates information; encourages national and local institutions
concerned with human and peoples' rights; and make recommendations to Governments (article
45, 1). The Commission also ensures the protection of human and peoples' rights under
conditions laid down by the African Charter on Human and Peoples' Rights
(article 45, 2).
The Commission receives communications from a State, when this State believes that
another State Party has violated the provisions of the Charter (article 49). The
Commission can only deal with a matter submitted to it after making sure that all local
remedies, if they exist, have been exhausted (article 50). The Commission shall prepare a
report stating the facts and its findings. This report shall be sent to the States
concerned and communicated to the Assembly of Heads of State and Government (article 52).
The Commission also receives other communications, which have to be brought to the
knowledge of the State concerned. The Commission also makes a report on the other
communications, as well (article 55-59).
The applicable principles of Commission are as follows: "The Commission shall draw
inspiration from international law on human and peoples' rights, particularly from the
provisions of various African instruments on human and peoples' rights, the Charter
of the United Nations, the Charter of the Organization of African Unity,
the Universal Declaration of Human Rights, other instruments adopted by
the United Nations and by African countries in the field of human and peoples' rights, as
well as from the provisions of various instruments adopted within the Specialised Agencies
of the United Nations of which the parties to the (African Charter) are Members."
For inter-state communications, the African Charter emphasizes the need to exhaust all
domestic remedies unless the Commission decides that local remedies either did not exist
or the procedure for achieving them is unduly long. A state can, by written communication,
draw another state's attention to the violation of the provisions of the African Charter
by the state.
Individuals or groups submit written communications to the African Commission alleging
violation of the provisions of the African Charter by a state. When the Commission
undertakes an investigation, whether of an inter-state communication or other complaint,
it has the right to choose any appropriate method of investigation. This opens a
channel for disability rights advocates to educate the Commission on issues relating to
disabled persons human rights.
Advocates can also bring any issues relating to human rights violations to the
monitoring arm of the African Commission. This may result in in-depth examination of
issues relating to human rights in a particular country and to recommendations to the
government to the government to improve the rights of disabled persons.
3.2 Africa Decade of Disabled People ( 2000-2009)
The decade 2000-2009 has been proclaimed the Africa Decade of Disabled People.
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