The African Commission on Human and Peoples' Rights' perspective on power-sharing arrangements

This article analyses the position of the African Commission on Human and Peoples' Rights with regard to power-sharing agreements and how they impact on the exercise of African charter-based human rights. The commission's view cannot be seen in isolation from the general African Union position on power-sharing, which is characterised by a lack of clarity and consistency. The commission's jurisprudence opposes power-sharing agreements that contain arrangements which are incompatible with state parties' obligations to investigate human rights violations and prosecute those responsible. On the other hand, through its state reporting procedure, promotional missions and communications procedure, the commission has shown a tacit approval for certain types of power-sharing agreements. An African human rights perspective vis-a-vis power-sharing must take into account the philosophy of the African Charter and the importance the African system attaches to collective rights. There is an urgent need to conceptualise and provide a proper legal framework for power-sharing within the African Union system.