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The African Charter on Democracy, Elections and Governance. Parliamentary and International Affairs Programme South African Human Rights Commission. Ratified African Human Rights Charters African Charter on Human and People’s Rights (ACHPR), 1981, acceded to in July 1996
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The African Charter on Democracy, Elections and Governance Parliamentary and International Affairs Programme South African Human Rights Commission
Ratified African Human Rights Charters • African Charter on Human and People’s Rights (ACHPR), 1981, acceded to in July 1996 • African Charter on the Rights and Welfare of the Child (ACRWC) 1990, ratified in January 2000 • Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa, ratified by South Africa on 17 December 2004. • Charter vs Treaty Body
Status of the African Charter Democracy, Elections and Governance • Ratification Statistics • AU Members – 53 • Signatures - 29 • Ratifications - 6 • Deposits - 3
Importance of Ratification • ICCPR • ICESCR • Demonstrate a commitment to democratic governance • APRM
Prominent Provisions of the Charter Vulnerable Groups • Article 8(2): requires the state party to “adopt legislative and administrative measures to guarantee the rights of women, ethnic minorities, migrants, people with disabilities, refugees and displaced persons and other marginalised and vulnerable social groups.” • International Treaties: CRPD, CERD, CAT • ICRMW, ICPED
Strengthening organs of the union • Article 7: State Parties shall take all necessary measures to strengthen the Organs of the Union that are mandated to promote and protect human rights and to fight impunity and endow them with the necessary resources. • Expertise • Participation in Reporting • Parliament - Oversight
Social and Economic Policies • Article 9 “States Parties undertake to design and implement social and economic policies and programmes that promote sustainable development and human security” • Review policies and programmes • Relevant Government Departments • Ratification of ICESCR
Culture of Democracy • Article 12 State Parties undertake to implement programmes and carry out activities designed to promote democratic principles and practices as well as consolidate a culture of democracy and peace. • Promote good governance • Strengthen political institutions to entrench a culture of democracy and peace. • Create conducive conditions for civil society organisations to exist and operate within the law • Integrate civic education in their educational curricula and develop appropriate programmes and activities
Public Institutions • Article 15 mentions the establishment and functioning of public institutions, such as the SAHRC and the Independent Electoral Commission, which are constitutionally created bodies with the aim of promoting and supporting democracy. • Adequate Funding • Relevant Legislative Framework • Electoral Act 73 of 1998 and • Municipal Electoral Act 27 of 2000 • IEC and DOHA
Exchange of Experiences • Article 16 State Parties shall cooperate at regional and continental levels in building and consolidating democracy through exchange of experiences. • Question to the Committee: What will the role of the Committee be in sharing its experiences with African counterparts on the role it plays in promoting the Charter?
Civil Society Participation • Article 28 State Parties shall ensure and promote strong partnerships and dialogue between government, civil society and private sector. • Novel inclusion • History of Civil society exclusion
Gender • Article 29 recognises the crucial role of women in development and democracy, places an obligation on states parties to create the necessary conditions for the full and active participation of women in decision making and in the electoral process • Ratification of CEDAW • High number of MPs • 50/50 campaign
Reporting • Article 49 requires States Parties to submit reports every two years, from the date the Charter comes into force. • African Charter – biennial reporting • South Africa – history of late reporting: • African Commission: South Africa’s Initial report was submitted in October 1998 & 2nd Report May 2005 combining 3rd and 4th reports, was considered in December 2005. • Current reports are outstanding.
Benefits of Reporting • A tool to create and further human rights education and awareness • Another reference for government planning; making choices that promote the development of a human rights culture • Reporting provides opportunity to benchmark progress, • an opportunity for reflection and • to share experiences and achievements
Key Recommendations • One Government Department – Co-ordinate reports • Correct, comprehensive information • Timeous Report • Training of Relevant Government Departments • Reports – thorough, limited additional information required • Ratification of the Charter: • Tool for ensuring democracy • Tool for evaluating constitutional democratic values
