| 2010 10 25 LRC CHR Joint Statement |
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21 OCTOBER 2010
The Centre for Human Rights, Faculty of Law, University of Pretoria and the Legal Resources Centre, together with the participants at the African Human Rights Day Celebrations, held on 21 October 2010, make the following call: 1. We call on all member states of the African Union that have not yet done so to ratify all African Union Instruments, in particular the Protocol to the African Charter on the Rights of Women, the Protocol to the African Charter on the Establishment of the African Court of Human and Peoples' Rights, the African Charter on the Rights and Welfare of the Child and the African Charter on Democracy, Elections and Governance. 2. We call on the South African government to make a declaration under article 36(4) of the protocol on the Establishment of the African Court on Human and Peoples' rights, allowing individuals and NGOs direct access to the continental Court. Only four AU member states (Burkina Faso, Malawi, Mali and Tanzania) have so far made such declarations. As a leader in the field of human rights on the continent, South Africa should join these states, thereby further committing itself to reinforcing the legitimacy of the African human rights framework. 3. We note the potential of customary law to both enhance and undermine the rights of women. We urge African human rights institutions, the African Commission on Human and Peoples' Rights and the African Children's Rights Committee to encourage the development of living customary law to bring it in line with the Charter and related instruments. We acknowledge the significance of this development for the protection of the rights of vulnerable and previously disadvantaged groups, including – but not limited to – indigenous peoples and women. When submitting their state reports under the African Charter, and particularly under the African Women's Protocol, states should be mindful of this aspect and provide the relevant information to the Commission. 4. The two organisations as well as many other civil society organisations remain committed to supporting, and engaging in discussions with, the government on these issues. |