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| Title: | State reporting under the African Charter on Human and Peoples' Rights: a boost from the South |
| Author: | Viljoen, Frans |
| Year: | 2000 |
| Periodical: | Journal of African Law |
| Volume: | 44 |
| Issue: | 1 |
| Pages: | 110-118 |
| Language: | English |
| Geographic terms: | Africa South Africa |
| Subjects: | documents African agreements human rights African Charter on Human and Peoples' Rights |
| Abstract: | The African Charter on Human and Peoples' Rights has now been ratified by all the member States of the OAU. One of the main obligations of the State parties is to submit two-yearly reports on measures taken with respect to the rights and freedoms enshrined in the Charter. The exact content of this obligation was first left vague. In 1988 the African Commission on Human and Peoples' Rights adopted detailed guidelines for State reporting. Since then and up to its 26th session in November 1999, only 24 of the 53 States parties have reported at all and there are more than 225 reports overdue. Even when States have reported, the system often does not function well, due to the conduct of States and of the African Commission itself, which has, for example, created some confusion through its distinction between initial and periodic reports. Recently, simplified guidelines for State reporting were adopted. This article discusses the process before, during and after the examination of the initial report of South Africa, which was presented on 27 April 1999. In general, South Africa's comprehensive report complied with the guidelines for reporting. Recommendations for further improving the quality of the reporting process include recording the proceedings of the process of examination, participation of NGOs in the process of preparing the reports, and the adoption of a system in terms of which the African Commission issues concluding observations. The African Commission can also improve the efficiency of State reporting by resorting to proactive measures. Notes, ref., sum. (p. II). |