Fundamental Issues and Practical Challenges of Human Rights in the Context of the African Union (original) (raw)

The African Charter on Human and Peoples' Rights

The American Journal of International Law, 1983

During the 1970’s human rights appeared to enjoy low esteem in Africa. The basic documents in inter-African relations were the UN and the OAU Charters. In its Preamble, as well as four substantive articles, the UN Charter refers to respect for human rights as a basis for international relations. The principles of human rights were further elaborated in the Universal Declaration of Human Rights of 1948 whose principles, in the view of some writers, have become part of customary international law. This Declaration was in turn elaborated on in the International Covenant on Economic, Social and Cultural Rights of 1966.

The African Charter of Human and Peoples’ Rights: An Analysis

Abstract: The African Charter of Human Rights was established by the Organization of African Unity (OAU) now African Union (AU) to promote and protect human rights. In this study, we shall focus our attention on the history of (OAU) now (AU), its major organs, composition, powers and functions of the organs under the system. We shall also look at the body of rights and instruments adopted to protect these rights under the African Charter and to also examine problems facing the African Charter on human rights and peoples’ right. We adopted a multidisciplinary approach in this study, having regard that it is focused on legal and historical perspectives. Our findings are that the Charter has several problems confronting it and also, Article 30 of the Charter establishes the enforcement and implementation of human and peoples’ rights by states’ parties. Also, we observed that the African Charter should be reformed and a court with full judicial powers be created to cater for the north, south, east and western states that make-up the African Union. The study concludes that the frequent violations of human and peoples’ rights within African states could be avoided, if the excesses of various organs of the AU are properly checked. Key words: African charter, analysis, human and peoples’ rights

AFRICAN (BANJUL) CHARTER ON HUMAN AND PEOPLES' RIGHTS

Adopted 27 June 1981, OAU Doc. CAB/LEG/67/3 rev. 5, 21 I.L.M. 58 (1982), entered into force 21 October 1986) Preamble The African States members of the Organization of African Unity, parties to the present convention entitled "African Charter on Human and Peoples' Rights", Recalling Decision 115 (XVI) of the Assembly of Heads of State and Government at its Sixteenth Ordinary Session held in Monrovia, Liberia, from 17 to 20 July 1979 on the preparation of a "preliminary draft on an African Charter on Human and Peoples' Rights providing inter alia for the establishment of bodies to promote and protect human and peoples' rights";

UNDERSTANDING THE EVOLUTION OF THE AFRICAN HUMAN RIGHTS SYSTEM AND MECHANISMS

The concept of human rights is at the centre of Africa's contemporary jurisprudence and has steadily become a much talked about topic in modern times in various countries. There are lots of debates on a daily basis from every end of the continent in local and international platforms about human rights and as it stands, and no country wants to be left behind in the debate. However, the big question is whether the debates produce effective results aimed at the respect and promotion of human rights in general or at best whether or not these countries conform to the human rights standards and norms. The fathers of Africa had envisaged a continent where peace, unity, solidarity and fraternity would bind the common purpose of the African man and that is why, they collectively decided to come up with the idea of having one body that will achieve these ideals. They formed the Organization of African Unity which was later became known as the African union (AU). The African Union was established by Article 2 of the Constitutive Act of the African Union with a specific aim of promoting peace and security in Africa1. The AU is comprised of 55 countries of Africa with Morocco being the last to join in June of 2017. In order to achieve these ideals, the constitutive act, goes further to create three specific organs within the union such as; the Assembly of Heads of State, the African Union Secretariat and the Executive council. These three organs have specific mandates as such; the AU Assembly is the supreme organ of the union comprised of heads of state of all member states charged with the mandate of overseeing the functioning of the organization. The AU Secretariat has the mandate to operate as secretariat of the AU based in Addis Ababa Ethiopia while the Executive council is charged with making decisions concerning policies that are of interest among member states of the African Union. The act equally guarantees human rights2 in the continent and that is why the union came up with the idea of having a charter which went further, to establish an independent judicial institution from the AU per se. The institution was established to hear matters of human rights violations committed within member states called the African commission on 1 The Constitutive Act of the AU available in http://www.achpr.org/instruments/au-constitutive-act/#3 2 Per Article 3 (a) of the Constitutive Act of the AU " The objectives of the union shall be to : …Promote and protect human and peoples' rights in accordance with the African Charter on Human and Peoples' Rights and other relevant human rights instruments "