Statement of IHRDA at the 63rd Ordinary Session of the ACHPR, October 2018
However, we are concerned about Decision 1015 of the Africa Union Executive Council reached in June 2018 for the impact it has on the work of the Commission.
This decision outlines that the “independence enjoyed by the African Commission on Human and Peoples’ Rights is only of a functional nature and not independence from the same organs that created the body.” We submit that this is a misunderstanding of international law, as the Commission was not created by AU organs but by a treaty: the African Charter on Human and Peoples’ Rights. Moreover, the Charter guarantees the institutional, functional and personal independence of the Commission and its Commissioners. To be able to carry out its duties effectively, the Commission must work free of all external interference from Africa Union political and policy organs.