Morné van der Linde & Lirette Louw
human rights, African Charter on Human and Peoples’ Rights, African Commission, SERAC, right to environment
In accordance with article 30 of the African Charter on Human and Peoples’ Rights, an African Commission on Human and Peoples’ Rights was established in 1987 with a mandate to promote and protect human rights in Africa. Under the Charter, the African Commission is empowered to consider complaints from both individuals and states. Until the SERAC communication, individual communications rarely dealt with socio-economic rights and in considering the Commission’s jurisprudence, it becomes evident that the Commission showed a reluctance to elaborate on socio-economic rights. This contribution mainly deals with the Commission’s consideration of the SERAC communication with a specific focus on the right to a satisfactory environment as guaranteed by the African Charter. It highlights the procedural aspects of this communication, the significance of article 24 as well as the Commission’s interpretation of this article. Finally, aspects relating to the implementation and follow-up of the recommendations contained in this decision, specifically in relation to the environment, are examined.
(2003) 3 African Human Rights Law Journal 167.