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Relevant bibliographies by topics / African Charter on Human and People's Rights (1981)

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Academic literature on the topic 'African Charter on Human and People's Rights (1981)'

Author: Grafiati

Published: 4 June 2021

Last updated: 1 March 2023

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Journal articles on the topic "African Charter on Human and People's Rights (1981)"

1

Monono, Darren Ekema Ewumbue. "People's Right to a Nationality and the Eradication of Statelessness in Africa." Statelessness & Citizenship Review 3, no. 1 (2021): 33–58. http://dx.doi.org/10.35715/scr3001.113.

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The right to nationality, enshrined in art 15 of the Universal Declaration on Human Rights, is absent in the 1981 African Charter on Human and Peoples’ Rights, known as the Banjul Charter. On-going efforts by African institutions to address this gap, with a view to eradicating statelessness in the continent have, however, focused on the right to nationality as an individual right. This has undermined the spirit of the Banjul Charter, which consecrates peoples’ rights as an African specificity. This article highlights the Banjul-led African human rights system and its specificities of human rig

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D'Sa, Rose M. "Human and Peoples′ Rights: Distinctive Features of the African Charter." Journal of African Law 29, no. 1 (1985): 72–81. http://dx.doi.org/10.1017/s0021855300005635.

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The African Charter on Human and Peoples' Rights was adopted unanimously in June, 1981, by the Organisation of African Unity (O.A.U.). Although it is not yet in force its adoption represents an important landmark in the protection and promotion of human rights on the African continent. The O.A.U. has in the past been sharply criticized for its apparent indifference to the suppression of human rights in a number of independent African States. Although the founding Charter of the O.A.U. of 1961 makes reference to the issue of human rights in Article II l (e) and also mentions in general terms th

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Viljoen, Frans. "Application of the African Charter on Human and Peoples' Rights by domestic courts in Africa." Journal of African Law 43, no. 1 (1999): 1–17. http://dx.doi.org/10.1017/s002185530000869x.

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The African Charter on Human and Peoples’ Rights1 (hereinafter the “African Charter” or “Charter”) was adopted by the Organisation of African Unity (OAU) Assembly of Heads of State and Government in 1981. It entered into force on 21 October, 1986, after a majority of OAU member states had ratified the Charter. At present, 52 of the 53 member states have become parties: the only non-ratifying state is Eritrea.

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Kiwanuka, Richard N. "The Meaning of “People” in the African Charter on Human and Peoples’ Rights." American Journal of International Law 82, no. 1 (1988): 80–101. http://dx.doi.org/10.1017/s0002930000074170.

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The African Charter on Human and Peoples’ Rights, also known as the Banjul Charter on Human and Peoples’ Rights, was adopted by the 18th Assembly of Heads of State and Government of the Organization of African Unity (OAU), held in Nairobi in June 1981. Contrary to some expectations, the Charter stayed in limbo for only 5 years. It entered into force on October 21, 1986, after the deposit of the 26th instrument of ratification, the number required by its Article 63(3). By April 16, 1987, there were 33 states parties to the Charter, which makes it the largest regional human rights system in exis

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Viljoen, Frans. "Special focus." African Human Rights Law Journal 21, no. 2 (2021): 1–7. http://dx.doi.org/10.17159/1996-2096/2021/v21n2a50.

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This edition of the African Human Rights Law journal starts with a 'Special focus' on the 'Forty years of the African Charter on Human and Peoples' Rights: Honouring the memory of Christof Heyns'. The African Charter on Human and Peoples' Rights (African Charter) was adopted by the OAU Assembly of Heads of State and Government in Nairobi, Kenya, on 27 June 1981 - forty years ago in 2021. The 'special focus' marks this milestone. It also pays tribute to a baobab on the landscape of international human rights law, Professor Christof Heyns.

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Voievodin, I. "Organizational and legal framework for the protection of environmental human rights within the African Union." Uzhhorod National University Herald. Series: Law 2, no. 72 (2022): 219–25. http://dx.doi.org/10.24144/2307-3322.2022.72.68.

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The article analyzes the activities of the African Union (1963-2002 - Organization of African Unity) in the field of protection of environmental human rights – an intergovernmental organization created in 2002 to promote the unity and solidarity among African states, stimulate economic development and promote international cooperation, protect human rights, in particular in the environmental sphere. In particular, the category of environmental human rights includes the right to a healthy, safe and adequate environment, the highest attainable level of physical and mental health, an adequate sta

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Sy, Seydou Madani. "L'expérience africaine." Développement et droits humains 28, no. 3 (2005): 675–87. http://dx.doi.org/10.7202/042836ar.

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Due to the pressures of economic and social development, certains underdeveloped countries choose to interpret in their own way the texts of the United Nation's Universal Declaration of Human Rights and give only secondary importance to human rights when they are not perceived as an outright hindrance to development. The consideration given to the subject of Human Rights by the Organization of African Unity in 1979 resulted in the adoption of an African Charter (Banjul) on Human and People's Rights in 1981 which constitutes a decisive step in the evolution of the attitude of African countries

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Anon. "International instruments. States parties to the 1981 African Charter on human and people's rights." Refugee Survey Quarterly 18, no. 1 (1999): 222–23. http://dx.doi.org/10.1093/rsq/18.1.222.

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Addo, Michael K. "Political Self Determination Within the Context of the African Charter on Human and Peoples' Rights." Journal of African Law 32, no. 2 (1988): 182–93. http://dx.doi.org/10.1017/s0021855300010718.

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In 1981, after nearly three years of drafting and deliberations, the Assembly of Heads of States and Governments of the Organisation of African Unity (O.A.U.) at its 18th Session adopted a regional human rights instrument— The African Charter on Human and Peoples' Rights. Recent documentation indicate that an adequate number of ratifications have been received to bring the Charter into force. There has so far however not been any test of its provisions. Nevertheless this article will be devoted to a legal examination and in other ways to a speculative analysis of an aspect of one of the human

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Okafor, Obiora C., and Godwin EK Dzah. "The African human rights system as 'norm leader': Three case studies." African Human Rights Law Journal 21, no. 2 (2021): 1–30. http://dx.doi.org/10.17159/1996-2096/2021/v21n2a27.

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Africa (including its human rights system) is rarely imagined or considered an originator, agent and purveyor of ideas, including in the human rights sphere. On this occasion of the fortieth anniversary of the adoption of the 1981 African Charter on Human and Peoples' Rights which founded the African human rights system, it is only fitting that its contributions or otherwise to global human rights praxis, over these four decades, be examined from this perspective. Utilising the theory of the norm life cycle, developed by scholars of international relations who work within 'strategic social con

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Dissertations / Theses on the topic "African Charter on Human and People's Rights (1981)"

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Rubner, Nathaniel. "The origins of the 1981 African Charter on Human and Peoples' Rights." Thesis, University of Cambridge, 2012. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.610495.

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Amollo, Rebecca. "A critical reflection on the African Women's Protocol as a means to combat HIV/AIDS among women in Africa." Thesis, University of the Western Cape, 2006. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_3083_1190369553.

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<p>It is within the context of the persistent feminisation of the HIV and AIDS pandemic that this study, based on the normative provisions of the African Women's Protocol, focused on gender, sex and sexuality in the context of HIV and AIDS. The regime of the African Women's Protocol embodies a framework that can be utilised to combat HIV/AIDS amongst women in Africa by addressing some of the most important issues that need to be tackled if women are to live through this epidemic.</p>

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Assefa, Ayalew Getachew. "The impact of the African Charter on human and people's rights and the protocol on the rights of women on the South African Judiciary." Diss., University of Pretoria, 2011. http://hdl.handle.net/2263/18612.

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The African Charter on Human and Peoples‟ Rights (the Africa Charter), which is one of the constituents of the African human rights system, was adopted by the Assembly of Head of States and Governments of the OAU in 1981 and entered into force five years later in 1986. The African Charter covers a wider range of rights when compared to the other regional human rights instruments, such as the European and the Inter-American Human Rights Systems. As many writers indicated, the Africa Charter is designed to reflect the history, values, traditions, and development of Africa by joining collective r

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Nuwagaba, Edgar. "An analysis of the approaches of the African Commission to the socio-economic rights provisions of the African Charter : a comparative analysis with European and inter-American regional systems." Thesis, University of the Western Cape, 2015. http://hdl.handle.net/11394/4837.

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Magister Artium (Development Studies) - MA(DVS)<br>This study adopts a comparative approach to analysing the realisation of socioeconomic rights by the African Commission on Human and Peoples’ Rights as compared with the European Commission and the Inter-American Commission. It examines the different approaches the Commission has adopted in interpreting the socioeconomic rights provision of the African Charter on Human and Peoples’ Rights with a view to assessing its appropriateness or otherwise. In addition, the study discusses some of the major challenges facing the African Commission which

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Oluwasina, Ayeni Victor. "Domestic impact of the African Charter Human and Peoples' Rights and the protocol on the rights of woman in Africa : a case study of Nigeria." Diss., University of Pretoria, 2011. http://hdl.handle.net/2263/18606.

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The achievements made at the continental level since 21 October 1986 when the African Charter on Human and Peoples‟ Rights (African Charter) came into force have been modest yet significant. Following its adoption, the African Charter was hailed as a very ambitious document. This is because of its uniquely African features: emphasis on morality, anti-colonial stance, absence of derogations justiciability of economic, social and cultural rights, recognition of peoples‟ rights as well as the imposition of duties on states and individuals. As a result of these distinctive characteristics, many sc

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Weregwe, Christopher Mba. "Safeguarding the right to freedom from torture in Cameroon." Thesis, University of the Western Cape, 2012. http://hdl.handle.net/11394/4420.

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Magister Legum - LLM<br>The international community saw the need to completely eradicate the use of torture and, as a result, adopted the 1984 Convention against Torture. The Convention obliges states to take effective legislative, judicial, and administrative and any other measures necessary to prevent acts of torture and other forms of ill-treatment within their jurisdictions. Cameroon, following the preamble of its Constitution, which prohibits torture in all its form, ratified the Convention in 1986 and other international treaties that deal with the prohibition of the use of torture. Acco

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Kasongo, Tshimpaka. "The implementation of the socio-economic rights provisions of the African Charter on Human and Peoples’ Rights at the national level : a case study of Democratic Republic of Congo (DRC)." Thesis, University of the Western Cape, 2014. http://hdl.handle.net/11394/4767.

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Magister Legum - LLM<br>This mini-thesis examines the issue of the implementation of the socio-economic rights provisions of the African Charter on Human and Peoples‘ Rights (ACHPR) at the national level, in a case study of Democratic Republic of Congo (DRC). These rights which comprise the right to property, the right to work, the right to health, the right to education and the protection of the family and cultural rights in Articles 14 to 18 of the ACHPR are provided for and guaranteed in the DRC Constitution of 18 February 2006 in Articles 34 to 48 and, accordingly, are legally enforceable

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Mandipa, Esau. "A critical analysis of the legal and institutional frameworks for the realisation of the rights of persons with disabilities in Zimbabwe." Diss., University of Pretoria, 2011. http://hdl.handle.net/2263/18613.

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The Zimbabwean society views persons with disabilities (PWDs) ‘as useless liabilities that have no role to play in society.’ The Zimbabwean Government has also forgotten PWDs since they are not mentioned in all the country’s national budgets. This has led to uncountable barriers faced by PWDs in their bid to be included as equal members of the society. Some of the barriers are constant discrimination, sheer poverty, lack of access to mainstream public services and stigma. Hundreds to thousands of PWDs beg for alms in the streets of every town and city. Zimbabwe then has to be reminded that all

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Coulibaly, Yrepe Melissa. "La spécificité de la conception et de la protection des droits de l'homme et des peuples en Afrique au début du XXIème siècle." Thesis, Toulon, 2015. http://www.theses.fr/2015TOUL0087.

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La régionalisation des droits de l'homme a permis l'adoption de plusieurs instruments juridiques visant à assurer la protection des droits de l'homme. Dans cette optique, l'Afrique s'est dotée en 1981 d'une Charte africaine des droits de l'homme et des peuples. Les rédacteurs de la Charte africaine ont voulu adopter un texte qui tienne compte des spécificités et diversités culturelles du continent. Ainsi à côté des droits de première, deuxième et troisième génération, la Charte africaine consacre les droits des peuples et proclame des devoirs. Le volet institutionnel de la protection des droit

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Nkongolo, Kabange Jr. "Improving the governance of mineral resources in Africa through a fundamental rights-based approach to community participation." Thesis, 2013. http://hdl.handle.net/10500/14186.

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This study makes the assumption that community participation in the governance of mineral resources is a requirement of sustainable development and that through a fundamental rights-based approach, it can be made effective. The concern is that an affected community should not only be involved in the decision-making process, but its view must also influence the outcome in respect of whether or not a mineral project should take place and how it should address development issues at local level. It is assumed that this legal approach will improve mineral governance by bringing more transpare

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Books on the topic "African Charter on Human and People's Rights (1981)"

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Rights, African Commission on Human and Peoples'. General comments on article 14 (1) (D) and (E) of the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa. African Commission on Human and Peoples' Rights, 2013.

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Jallow, Hassan B. The law of the African (Banjul) Charter on Human and People's Rights (1988-2006). Trafford, 2007.

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Peter, Chris Maina. Human rights in Africa: A comparative study of the African Human and People's Rights Charter and the New Tanzanian Bill of Rights. Greenwood Press, 1990.

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Malcolm, Evans, and Murray Rachel Dr, eds. The African Charter on Human and Peoples' Rights: The system in practice, 1986-2000. Cambridge University Press, 2002.

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1959-, Evans Malcolm D., and Murray Rachel Dr, eds. The African Charter on Human and Peoples' Rights: The system in practice, 1986-2000. 2nd ed. Cambridge University Press, 2008.

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1959-, Evans Malcolm D., and Murray Rachel Dr, eds. The African Charter on Human and Peoples' Rights: The system in practice, 1986-2000. 2nd ed. Cambridge University Press, 2008.

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Zahara, Nampewo, Butegwa Christine, Magezi Maria, and Akina Mama wa Afrika (Organization), eds. Uganda baseline survey on the African Women's Rights Protocol: The Maputo Protocol : October 2009. Akina Mama wa Afrika (AMwA), 2010.

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Rights, African Commission on Human and Peoples'. Principles and guidelines on the implementation of economic, social and cultural rights in the African Charter on Human and Peoples' Rights. [African Commission on Human and Peoples' Rights?], 2011.

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9

Amnesty International. Charte africaine des droits de l'homme et des peuples =: African Charter on Human and Peoples' Rights : adoptedby the 18th conference of heads of state and government of the Organization of African Unity, June 1981, Nairobi, Kenya. Amnesty International, 1991.

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Diallo, Aby. Étude sur l'harmonisation du droit interne sénégalais: Avec la CEDEF et le Protocole de Maputo. Konrad Adenauer Stiftung, 2020.

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Book chapters on the topic "African Charter on Human and People's Rights (1981)"

1

"African Charter on Human and Peoples’ Rights, 1981." In International Human Rights Law Documents. Cambridge University Press, 2018. http://dx.doi.org/10.1017/9781316677117.066.

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Ramcharan, Bertrand G. "African Charter on Human and Peoples’ Rights (Banjul Charter, 1981)." In Africa and the Universality of Human Rights. Brill | Nijhoff, 2022. http://dx.doi.org/10.1163/9789004520646_011.

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Boersema, David. "African Charter on Human and Peoples’ Rights (Part I) (1981)." In Philosophy of Human Rights. Routledge, 2018. http://dx.doi.org/10.4324/9780429498312-23.

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Olivier, Michèle. "Enforcement Mechanisms in AU Human Rights Treaties: Lessons for the Wider AU Law." In The Emergent African Union Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198862154.003.0021.

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The adoption of the African Charter on Human and Peoples’ Rights (Banjul Charter) by the Organisation of African Unity (OAU) in 1981 aimed to address a long and ongoing history of human rights abuses in Africa. The Banjul Charter received wide endorsement for its branding a uniquely African approach to human rights, reaching beyond the traditional Western human rights paradigm designed to safeguard human rights in the Global North following the Second World War. The Banjul Charter confronts African challenges head on by introducing the notion of ‘peoples’ rights’ in addition to the traditional ‘individual rights’, as well as the novel concept of ‘individual duties’. It paved the way for recognition of human rights by OAU members through inclusion in their national constitutions. A number of human rights treaties and other instruments dealing with specific areas of concern which include refugees, women, children, elections, freedom of expression, and so forth followed. This array of African human rights instruments speaks of good intentions and provide fertile ground for academic study. However, despite its ambitious design, human rights protection in Africa leaves much to be desired. As with many OAU/AU initiatives, the proof of the pudding is in the implementation or lack thereof. To make sense of the implementation conundrum, this chapter focuses on means and methods of enforcement of AU human rights instruments at both the international (AU) and national levels, with a view to identify how it could guide the discourse on emergent AU law.

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"African Charter on Human and Peoples' Rights, 27 June 1981 (extract)." In Documents in International Environmental Law. Cambridge University Press, 2004. http://dx.doi.org/10.1017/cbo9781139171380.052.

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"No. 26363. African Charter on Human and People’s Rights. Concluded at Nairobi on 27 June 1981." In United Nations Treaty Series. UN, 1998. http://dx.doi.org/10.18356/4e1c7358-en-fr.

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"No. 26363. African Charter on Human and People’s Rights. Concluded at Nairobi on 27 June 1981." In United Nations Treaty Series. UN, 1999. http://dx.doi.org/10.18356/b7e4f337-en-fr.

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"The Relations Between Peoples’ Rights and Human Rights in the African Charter [1986]." In Human Rights from Exclusion to Inclusion: Principles and Practice. Brill | Nijhoff, 2000. http://dx.doi.org/10.1163/9789004478664_022.

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