Special mechanisms, also called ‘subsidiary mechanisms’, are specific thematic mandates created by resolutions of the African Commission to respond to emerging or otherwise important human rights issues in Africa. They are the primary avenue for civil society to engage with the African Commission, in addition to the Commissioners who have a portfolio of countries.
Special mechanisms may be either individual (a Special Rapporteur mandate) or collective (a Committee or a Working Group).
In the case of a Special Rapporteur, the mandate is held by a Commissioner. In the case of a Committee or a Working Group, the body is chaired by a Commissioner and composed of independent experts who serve in their personal capacity and on a voluntary basis.
For human rights defenders and civil society in general, the Special Rapporteur on Human Rights Defenders and Focal Point on Reprisals in Africa is especially important because of the awareness and visibility they can give to individuals at risk and to the need for their protection. Moreover, the Special Rapporteur on Human Rights Defenders is bolstered by a Support Group of the Special Rapporteur on Human Rights Defenders, made up of NGOs that contribute to the mandate’s activities, including the development of soft law instruments. This is the only Special mechanism to have a support group attached to it.
Special mechanisms conduct their work on the basis of their thematic mandates. They may conduct studies, publish reports, or make public statements on particular aspects of their mandate or on particular countries. They can also develop soft law instruments like manuals, guidelines, compendiums, and more. For example, the Guidelines on the Protection of all Persons against Enforced Disappearances in Africa (2022), published by the Working Group on the Death Penalty, Extrajudicial, Summary or Arbitrary Executions, and Enforced Disappearances, or the Policing of Assemblies Training Manual (2017), published by the Special Rapporteur on Human Rights Defenders in Africa. For more information, see Section 1.7: What are the Special Mechanisms of the African Commission?
One last mechanism that the African Commission may set up is a Commission of Inquiry. It is tasked to specifically investigate gross or massive human rights violations in a particular country and/or context, through a resolution. The latest, and to date only time, this ad hoc mechanism has been used was in the case of the Commission of Inquiry on the Tigray Region in the Federal Democratic Republic of Ethiopia. This Commission of Inquiry ran from 2021 to 2023, having been set up pursuant to a previous African Commission fact-finding mission in the Tigray Region. More on fact-finding missions at Section 2.9 Country Visits - Why are they useful?
Special mechanisms offer the opportunity to:
Aliou Sané is a key figure in promoting democracy in Senegal and is one of the coordinating members of the social movement "Y’en a marre" (“Enough”), which aims to protest against ineffective governance and encourages youth to vote. In 2023, he was arrested and charged with participating in ‘undeclared demonstrations’. Shortly after his unlawful arrest, during the 77th Ordinary Session of the African Commission, the Special Rapporteur on Freedom of Expression and Access to Information in Africa, Geereesha Topsy-Sonoo, together with the Special Rapporteur on Human Rights Defenders, Rémy Lumbu Ngoy, issued a Joint Letter of Urgent Appeal. This letter addressed Aliou's situation and urged the Senegalese government to release him unconditionally. This helped to bring his arrest into the public eye and contributed to his release in February 2024.
Go to the next section for tips on how to engage with the Special mechanisms.
