Part I International laws and mechanisms
In 2004, the mandate of the Special Rapporteur on Refugees, Asylum Seekers, and Internally Displaced
Persons was established, which includes research, promotional and advisory functions as well as the
undertaking of fact-finding missions and investigations. In 2006, the Commission extended the Special
Rapporteur’s mandate to cover migration issues.149
In 1998, the Commission adopted a resolution on the Granting of Affiliate Status to NHRIs. To attain
affiliate status, NHRIs of State parties to the Charter must conform to the Paris Principles. NHRIs with
affiliate status can participate in public sessions of the Commission. They are also “required to assist the
Commission in the promotion of the human rights at the country level” and must report regularly to the
Commission on their activities.150
2.3.2. The Protocol to the Charter establishing an African Court on Human and Peoples’
Rights
The Protocol to the Charter establishing an African Court on Human and People’s Rights was adopted
in 1998.151
The African Court on Human and Peoples’ Rights has jurisdiction to hear cases regarding the
“interpretation and application” of the African Charter, the Protocol and “any other relevant human rights
instrument ratified by the States concerned”.152
UN Photo by J Mohr.
149
“Special Rapporteur on Refugees, Asylum Seekers, Migrants and Internally Displaced Persons”; African Commission on Human
and Peoples’ Rights; www.achpr.org/mechanisms/refugees-and-internally-displaced-persons/.
150
Celebrating the African Charter at 30: A Guide to the African Human Rights System; African Commission on Human and Peoples’
Rights, Centre for Human Rights, Faculty of Law, Pretoria University; South Africa; 2011; pp. 41-42. This document also contains
a list of NHRIs with affiliate status.
151
At the time of writing, 26 Member States of the AU had ratified the Protocol: Algeria, Burkina Faso, Burundi, Cote d’Ivoire,
Comoros, Congo, Gabon, Gambia, Ghana, Kenya, Libya, Lesotho, Mali, Malawi, Mozambique, Mauritania, Mauritius, Nigeria,
Niger, Rwanda, South Africa, Senegal, Tanzania, Togo, Tunisia and Uganda; see “About the Court: A Brief History”; www.africancourt.org/en/index.php/about-the-court/brief-history.
152
See: “About the Court: A Brief History”; www.african-court.org/en/index.php/about-the-court/brief-history.
Chapter 5: Regional mechanisms for the promotion and protection of the rights of migrant workers | 59