1. Understanding the African Commission

1.8 Why should you engage with the African Commission?

As a human rights defender, there are many opportunities to engage with the African Commission, and you should take advantage of what works for you! Reflect on whether the African Commission is right for you to help you achieve your advocacy goals.

Strengths

✔ It is a unique and innovative body that is attended by almost all African States, making it one of the most successful regional human rights systems in the world
✔ It closely collaborates with CSOs and is attentive to their recommendations
✔ It’s a useful avenue for human rights defenders in Africa to scale up their advocacy in a regional, African context
✔ It can be very complementary to advocacy at the United Nations (see ISHR Academy modules)
✔ It ensures that national and regional legal frameworks are strengthened by producing legal analysis and documentation and works more with experts
✔ It documents, records, responds, prevents and addresses all types of human rights issues but also country situations

Weaknesses

☒ Some processes are long and bureaucratic
☒ Information on the website and documentation are sometimes difficult to find (but this module will help you out!)
☒ There is an inadequate implementation of recommendations by States
☒ it’s hard to navigate when you don't have a briefing from a partner (also, we hope the module will support in that regard)
☒ Decisions by the African Commission are non-binding and the African Commission does not have any power to enforce them, nor a proper follow-up mechanism
☒ The African Commission suffers from lack of funding for some operations

Situations where it might not be worth engaging

⚠ you would be put in too much danger by engaging and face risks of reprisals

⚠ you have access to other spaces that you can use more effectively to influence your State, such as the United Nations (however, you can use both!)

⚠ your State hasn’t ratified enough instruments for some procedures.

To conclude this chapter, listen to Ketakandriana Rafitoson from Transparency International Initiative Madagascar to encourage human rights defenders to act and use the African Commission.