African Commission: The African Disability Rights Protocol has entered into force
In June this year, the African Commission on Human and Peoples’ Rights (“African Commission”) communicated that 15 states have now ratified the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Persons with Disabilities in Africa. This means that the instrument, which was adopted by the African Union in 2018, has entered into force in accordance with Article 38 of the Protocol.
To date, 16 states have ratified the Protocol: Angola, Burundi, Cameroon, Congo, Kenya, Malawi, Mali, Mozambique, Namibia, Niger, Nigeria, Rwanda, Sahrawi Democratic Republic, South Africa, Uganda and Zimbabwe.
For the first time, an Africa-wide disability-specific instrument seeks to ensure the rights of Africans with disabilities.
The Protocol establishes a homegrown comprehensive normative and institutional framework for the protection and promotion of the rights of persons with disabilities on the continent. For the first time, an Africa-wide disability-specific instrument seeks to ensure the rights of Africans with disabilities. The Protocol covers a broad range of themes, such as education, health, and social protection. It affirms the legal capacity of persons with disabilities, guarantees their liberty and security of person, and their right to access to justice. It also protects persons with disabilities from harmful practices, such as shackling and concealment, and their association with negative stereotypes.
Moving forward, the 16 state parties need to domesticate the Protocol in their laws and policies. They also need to disseminate the Protocol to state officials, persons with disabilities, and the public.
These states should keep in mind that they will within two years report to the African Commission on the measures they have taken to ensure that persons with disabilities enjoy their rights under the Protocol. In that regard, the immediate priority of the African Commission now is to provide guidance on how states and other stakeholders should participate in the periodic reporting.
The African Commission should also work with stakeholders across the continent to encourage more states to ratify the Protocol.
In the medium term, the Protocol provides people across the continent with significant opportunities to advocate for policy and legislative measures on the rights of persons with disabilities. Stakeholders will also be able to draw from the norms in the Protocol to litigate on the rights of persons with disabilities before national and continental human rights mechanisms such as the African Commission, the African Court on Human and Peoples’ Rights, and the African Committee of Experts on the Rights and Welfare of the Child.
Access the Protocol here.
Please note: The information contained in this note is for general guidance on matters of interest, and does not constitute legal advice. For any enquiries, please contact us at [email protected].
