THE ROLE AND PLACE OF HUMAN RIGHTS IN THE MANDATE AND WORKS OF THE PEACE AND SECURITY COUNCIL OF THE AU: AN APPRAISAL

Abstract

Since its establishment in 2002, the African Union (AU) has accorded particular importance to the establishment of a robust mechanism for effectively responding to conflicts in Africa. This emerging mechanism established under the Protocol Relating to the Establishment of the Peace and Security Council (PSC Protocol) is known as the African Peace and Security Architecture (APSA). Central to the APSA is the PSC, which, like the UN Security Council, is ‘a standing decision-making organ for the prevention, management and resolution of conflicts’. The PSC is vested with expansive powers covering the prevention, management and resolution of conflicts in Africa. In this context, the PSC Protocol not only makes numerous direct references to human rights but it also assigns the PSC with specific responsibilities vis-à-vis the protection of human rights. Despite the PSC's express mandate with respect to human rights and the crucial importance and link of human rights to peace and security in Africa, little has however been written and discussed on the subject of human rights from the perspective of the works of the PSC and generally within the context of AU initiatives for the promotion, maintenance and restoration of peace and security in Africa. In an effort to contribute towards filling this lacuna, this article seeks to consider the place of human rights within the mandates of the PSC and the need for and the extent to which they are integrated into the PSC's work for the prevention, management and resolution of conflicts in Africa