This is the primary institution responsible for promoting and protecting human rights in Africa through its oversight and interpretation of the African Charter. The African Commission consists of 11 Members (Commissioners) serving in their personal and independent capacity. The Commissioners are elected by the AU Summit (formerly the Assembly of Heads of State and Government of the OAU).

Article 45 of the African Charter spells out the African Commission’s mandateas follows:

The functions of the Commission shall be:
1. To promote Human and Peoples’ Rights; and in particular:

(a) to collect documents, undertake studies and research; on African problems in the field of human and peoples’ rights, organize seminars, symposia and conferences, disseminate information, encourage national and local institutions concerned with human and peoples’ rights, and should the case arise, give its views or make recommendations toGovernments;

(b) to formulate and lay down, principles and rules aimed at solving legal problems relating to human and peoples’ rights and fundamental freedoms upon which African Governments may base their legislations;

(c) co-operate with other African and international institutions concerned with the promotion and protection of human and peoples’ rights.

2. Ensure the protection of human and peoples’ rights under conditions laid down
by the present Charter.

3. Interpret all the provisions of the present Charter at the request of a State Party, an institution of the AU or an African organization recognized by the AU.

4. Perform any other tasks which may be entrusted to it by the Assembly of Heads of State and Government.

The African Commission holds two Ordinary Sessions of 21 days each year. During the Ordinary Session the African Commission considers, in public; state reports, applications for observer and affiliate status from NGOs and African National Human Rights Institutions and discussions of human rights situations in Africa. The African Commission also meets privately to consider human rights violations and adopts resolutions on human rights issues. During the inter-session period, the Members of the African Commission undertake investigative missions, and carry out various promotional activities.

Within its promotional mandate, the African Commission has appointed Special Rapporteurs, Working Groups and Focal Points to deal with specific thematic issues – namely:

• Special Rapporteur on Prisons, Conditions of Detention and Policing in Africa
• Special Rapporteur on Rights of Women in Africa
• Special Rapporteur on Freedom of Expression and Access to Information
• Special Rapporteur on Human Rights Defenders and Focal Point on Reprisals in Africa
• Special Rapporteur on Refugees, Asylum Seekers, Internally Displaced Persons and Migrant in Africa

 -Working Group on Indigenous Populations / Communities in Africa
 -Working Group on Economic, Social and Cultural Rights
 -Working Group on Death Penalty, Extra-Judicial, Summary Or Arbitrary Killings and Enforced Disappearances in Africa
 -Working Group on Rights of Older Persons and People With Disabilities
 -Working Group on Extractive Industries, Environment and Human Rights Violations

• Committee for the Prevention of Torture in Africa
• Committee On The Protection Of The Rights Of People Living With HIV (PLHIV) and Those at Risk, Vulnerable to and Affected by HIV

Internal Mechanisms

•  Working Group on Specific Issues Related to The Work of the African Commission Advisory Committee on Budgetary and Staff Matters
• Working Group on Communications
• Committee on Resolutions

These special mechanisms play a very significant role by researching, gathering and documenting information on these areas of human rights.

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