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Reference: BC/OLC/66/4/Vol.XX

The Commission of the African Union presents its compliments to the Ministries of Foreign Affairs/External Relations of all Member States and has the honour to refer to the membership of the African Commission on Human and Peoples' Rights (Human Rights Commission).

The Commission has the honour to inform Member States that the terms of office of the following members of the Human Rights Commission elected in 2001are due to expire this year:

Additionally, it also has the honour to further inform Member States that Commissioner Mohammed Abdellahi Ould Babana ( Mauritania) has ceased to exercise the functions of a Member of the Human Rights Commission.

The Commission would like to draw the attention of Member States that the above five vacancies shall be filled in elections of new members which will be conducted during the Eleventh Ordinary Session of the Executive Council scheduled for Accra, Ghana in July 2007 and, in conformity with Article 35 of the African Charter on Human and Peoples' Rights (African Charter), would like to invite States Parties to submit their candidatures to the Commission on or before 30 May 2007. In this regard, the Commission would like to draw the attention of States Parties to the following:

•  Article 31(1) of the African Charter which sets out the composition and qualifications for membership, as follows :

“The Commission [on Human and Peoples' Rights] shall consist of eleven members chosen from amongst African personalities of the highest reputation, known for their high morality, integrity, impartiality and competence in matters of human and peoples' rights; particular consideration being given to persons having legal experience.”

•  Article 34 of the African Charter provides that:

“Each State Party… may not nominate more than two candidates. The candidates must have the nationality of one of the States parties to the present Charter. When two candidates are nominated by a State, one of them may not be a national of that State.”

Accordingly, States Parties should request nominees to complete biographical information indicating judicial, practical, academic, activist, professional and other relevant experience in the field of human and peoples' rights. Such biographical information should also include information on political and other associations relevant to determining questions of both eligibility and incompatibility. In addition, nominees should submit statements indicating how they fulfill the criteria for eligibility contained in the Charter.

As a guide for States Parties in interpreting the question of incompatibility or impartiality, the Advisory Committee of Jurists in the establishment of the Permanent Court of International Justice (now the International Court of Justice (ICJ) had pointed out that “(A) member of government, a Minister or under-secretary of State, a diplomatic representative, a director of a ministry, or one of his subordinates, or the legal adviser to a foreign office, though they would be eligible for appointment as arbitrators to the Permanent Court of Arbitration of 1899, are certainly not eligible for appointment as judges upon our Court” .

States Parties are also reminded to ensure adequate gender representation in their nominations and to bear in mind the need to continue to enhance the independence and operational integrity of the Human Rights Commission in the spirit of the Grand Bay Declaration of 1999 and the Kigali Declaration of 8 May 2003.

Taking note of the guidelines outlined above emanating from the provisions of the Charter, States Parties may wish to also consider whether or not to apply the following additional factors submitted to the Commission of the African Union by Civil Society Organizations:

•  The procedure for nomination of candidates should be, at the minimum, that for appointment to the highest judicial office in the State Party.

•  States Parties should encourage the participation of civil society, including judicial and other State bodies, bar associations, academic and human rights organizations and women's groups, in the process of selection of nominees.

•  The employment of a transparent and impartial national selection procedure in order to create public trust in the integrity of the nomination process.

Nominations accompanied by curriculum vitae of the candidates should reach the Commission of the African Union on or before 30 May 2007. The curriculum vitae should not be more than three (3) pages, single-spaced and should be submitted in at least two (2) working languages of the Union.

The Commission of the African Union avails itself of this opportunity to renew to the Ministries of Foreign Affairs/External Relations of all Member States the assurances of its highest consideration.

To: Ministries of Foreign Affairs/External Relations of all Member States of the African Union
cc: Permanent Missions of all Member States to the AU

Addis Ababa