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Journal articles on the topic 'African Charter on Human and Peoples's Rights'

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Published: 4 June 2021

Last updated: 9 February 2022

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1

Mujuzi, Jamil Ddamulira. "The African Commission on Human and Peoples’ Rights and its promotion and protection of the right to freedom from discrimination." International Journal of Discrimination and the Law 17, no. 2 (2017): 86–136. http://dx.doi.org/10.1177/1358229117712828.

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The African Commission on Human and Peoples’ Rights, the African Commission, was established by the African Charter on Human and Peoples’ Rights, the African Charter, with the mandate to promote and protect human and peoples’ rights in Africa. The right to freedom from discrimination is one of the rights provided for in the African Charter. In this article, the author examines the individual communications, state party reports, concluding observations of the African Commission on state party reports and the resolutions passed by the African Commission to highlight the ways in which the African

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2

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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Osogo Ambani, John. "Sexual Minority Rights Conundrum in Africa." Strathmore Law Journal 2, no. 1 (2016): 181–88. http://dx.doi.org/10.52907/slj.v2i1.21.

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Although the African human rights legal system boasts of many treaties, the most relevant in the context of sexual minority rights is the African Charter on Human and Peoples’ Rights (African Charter), which agreement enjoys near unanimous ratification by members of the African Union (AU). As Vincent Nmehielle justly noted, ‘the African Charter is the primary normative instrument of the African human rights system.’ It thus may easily be regarded as the ‘regional bill of rights.’ This paper will deal with this matters, showing the status questionis in Africa.

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Budoo, Ashwanee. "Association Pour le Progrès et la Défense Des Droits Des Femmes Maliennes (APDF) and the Institute for Human Rights and Development in Africa (IHRDA) v. Republic of Mali (Afr. Ct. H.P.R.)." International Legal Materials 57, no. 6 (2018): 1097–130. http://dx.doi.org/10.1017/ilm.2018.51.

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On May 11, 2018, the African Court on Human and Peoples' Rights (African Court) delivered a judgment against Mali concerning its Persons and Family Code (Family Code). This case is groundbreaking because it is the first time that the African Court has found violations of the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (Maputo Protocol) and the African Charter on the Rights and Welfare of the Child (African Children's Charter).

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Chongwe, Roger. "African charter on human and peoples’ rights." Commonwealth Law Bulletin 13, no. 4 (1987): 1605–12. http://dx.doi.org/10.1080/03050718.1987.9985943.

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Human Rights Law in Africa, Editors. "AFRICAN CHARTER ON HUMAN AND PEOPLES' RIGHTS." Human Rights Law in Africa Online 1, no. 1 (2004): 134–43. http://dx.doi.org/10.1163/221160604x00161.

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Udombana, Nsongurua J. "So Far, So Fair: The Local Remedies Rule in the Jurisprudence of the African Commission on Human and Peoples' Rights." American Journal of International Law 97, no. 1 (2003): 1–37. http://dx.doi.org/10.2307/3087102.

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Pending the establishment of the African Court on Human and Peoples' Rights, the African Commission on Human and Peoples' Rights remains the only institutional body for the implementation of the rights guaranteed in the African Charter on Human and Peoples' Rights. The Assembly of Heads of State and Government of the Organization of African Unity (OAU), reconstituted as the African Union (AU), established the Commission in 1987, after the entry into force of the African Charter, in 1986, and pursuant to its Article 64 (1). The Commission was established, inter alia, “to promote human and peopl

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8

Ayissi, Marie Joseph. "African Commission on Human and Peoples’ Rights v. Libya." American Journal of International Law 111, no. 3 (2017): 738–44. http://dx.doi.org/10.1017/ajil.2017.57.

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On June 3, 2016, the African Court on Human and People's Rights (the Court) rendered its first default judgment, in a case brought by the African Commission on Human and Peoples’ Rights (the Commission) against Libya for alleged violations of the African Charter on Human and Peoples’ Rights (the Charter). The Commission had alleged that the Libyan government had violated its obligations under the Charter to protect one of its citizens, Saif al-Islam Kadhafi, from incommunicado detention and to provide him access to counsel. When Libya failed to respond to the Commission's complaint and to the

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9

Ssenyonjo, Manisuli. "The Development of Economic, Social and Cultural Rights under the African Charter on Human and Peoples’ Rights by the African Commission on Human and Peoples’ Rights." International Human Rights Law Review 4, no. 2 (2015): 147–93. http://dx.doi.org/10.1163/22131035-00402002.

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During the last thirty years the African Commission on Human and Peoples’ Rights (African Commission) has decided several communications on economic, social and cultural (esc) rights protected under the African Charter on Human and Peoples’ Rights (African Charter). While the Commission was initially reluctant to develop the content of these rights, it has since 2001 been developing, at an expanding pace, the scope, content and nature of state obligations under African Charter to respect, protect and fulfil esc rights. This article seeks to provide a critical analysis of the burgeoning case la

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Mujuzi, Jamil Ddamulira. "The African Court on Human and Peoples’ Rights and Its Protection of the Right to a Fair Trial." Law & Practice of International Courts and Tribunals 16, no. 2 (2017): 187–223. http://dx.doi.org/10.1163/15718034-12341347.

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Abstract Article 3(1) of the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights provides that: “[t]he jurisdiction of the Court shall extend to all cases and disputes submitted to it concerning the interpretation and application of the [African] Charter, this Protocol and any other relevant Human Rights instrument ratified by the States concerned.” Since its establishment, the African Court on Human and Peoples’ Rights has handed down judgments dealing, inter alia, with the right to a fair trial under Article 7 of

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11

Mahalu, Costa R. "Human rights and development: an African perspective." Leiden Journal of International Law 1, no. 1 (1988): 15–24. http://dx.doi.org/10.1017/s0922156500000649.

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In this article the author elaborates upon the close relationship between the concepts of human rights and development, examined in relation to African legal practice. Development is considered as a comprehensive legal, economic, social, and cultural concept. According to the author the right to development may be claimed by individuals and peoples of developing nations. In this respect the African situation is carefully analyzed by the author. The African Charter for Human and Peoples Rights, which came into force in October, 1986, may be considered a first regional effort to promote human ri

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Naldi, Gino J. "Reparations in the Practice of the African Commission on Human and Peoples' Rights." Leiden Journal of International Law 14, no. 3 (2001): 681–93. http://dx.doi.org/10.1017/s0922156501000346.

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The African Commission on Human and Peoples' Rights, which is mandated under the African Charter on Human and Peoples' Rights with promoting and protecting human rights in Africa, has attracted considerable criticism for being an ineffectual body. One of the complaints is that the Charter based regime lacks an effective system of remedies. This paper examines whether this criticism is justified. An analysis of the jurisprudence of the African Commission proves that the Commission is patiently constructing a concept of reparations which has some similarities with that developed by the UN Human

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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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Human Rights Law in Africa, Editors. "THE AFRICAN CHARTER ON HUMAN AND PEOPLES' RIGHTS." Human Rights Law in Africa Online 3, no. 1 (1998): 122–25. http://dx.doi.org/10.1163/221160698x00140.

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Mangu, André Mbata B. "The Changing Human Rights Landscape in Africa: Organisation of African Unity, African Union, New Partnership for Africa's Development and the African Court." Netherlands Quarterly of Human Rights 23, no. 3 (2005): 379–408. http://dx.doi.org/10.1177/016934410502300304.

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As Pliny the Elder once put it, ‘ex Africa semper aliquid novi’. There is always some thing new coming out of Africa, and this time for the better. Over the last decade, some important developments unfolded on the African continent with the potential to impact on the future of African peoples. The African Union (AU) whose major purpose is to place Africa firmly on the road to development replaced the Organisation of African Unity (OAU). The New Partnership for Africa's Development (NEPAD) was launched to achieve African renaissance. The African Peer Review Mechanism (APRM) was devised as NEPAD

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16

Shelton, Dinah. "Konaté v. Burkina Faso." American Journal of International Law 109, no. 3 (2015): 630–36. http://dx.doi.org/10.5305/amerjintelaw.109.3.0630.

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In only its second merits judgment, the African Court on Human and Peoples’ Rights (Court) placed strict limits on penalizing expression, especially that of journalists, in states party to the African Charter on Human and Peoples Rights (African Charter). In doing so, the African Court narrowly interpreted the often-criticized “clawback clauses” in the African Charter and relied instead on the tests of necessity, proportionality, and legitimate aim applied by other human rights tribunals to determine the legality of restrictions on rights.

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Bekker, Gina. "The African Court on Human and Peoples' Rights: Safeguarding the Interests of African States." Journal of African Law 51, no. 1 (2007): 151–72. http://dx.doi.org/10.1017/s0021855306000210.

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AbstractThis article examines the extent to which the decision to establish the African Court on Human and Peoples' Rights was motivated by the desire of African states to safeguard their own interests at the expense of effectively protecting human rights in Africa. Using an examination of the drafting history of the Banjul Charter and the establishment of the African Commission as a background, this article explores the potential implications for the future of human rights protection on the continent as a result of the creation of the African Court on Human and Peoples' Rights and its propose

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Gilbert, Jérémie. "III. INDIGENOUS PEOPLES' HUMAN RIGHTS IN AFRICA: THE PRAGMATIC REVOLUTION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS." International and Comparative Law Quarterly 60, no. 1 (2011): 245–70. http://dx.doi.org/10.1017/s0020589310000746.

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The definition and scope of indigenous peoples' human rights are usually contentious in the context of Africa.2While in recent years indigenous peoples' human rights have expanded immensely internationally, in Africa indigenous peoples' rights are still perceived to be in their infancy.3At the United Nations, the group of African States delayed the process that finally led to the adoption of the United Nations Declaration of the Rights of Indigenous Peoples in 2007 (UNDRIP).4At a national level, most of the States in Africa are still reluctant to recognize the specific rights of indigenous peo

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Benedek, Wolfgang. "The African Charter and Commission on Human and Peoples' Rights; How to Make it More Effective." Netherlands Quarterly of Human Rights 11, no. 1 (1993): 25–40. http://dx.doi.org/10.1177/016934419301100103.

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This contribution discusses how to improve the African system of human and peoples' rights on the basis both of the practice of the African Commission and of a revision of the African Charter in the light of the practice and experience of other regional human rights conventions and bodies. Particular emphasis is put on improvements in the procedure of communications. Furthermore, the role of the African Commission with regard to the move towards democracy and human rights in Africa and the relationship between the Commission and the OAU will be analyzed, and a number of proposals on strengthen

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20

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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Mbori, Harrison. "Ingabire Victoire Umuhoza v. The Republic of Rwanda." American Journal of International Law 112, no. 4 (2018): 713–19. http://dx.doi.org/10.1017/ajil.2018.74.

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In its landmark November 24, 2017 judgment in Ingabire Victoire Umuhoza v. The Republic of Rwanda, the African Court on Human and Peoples’ Rights (ACtHPR) or Court) held that certain aspects of the right to a fair trial (presumption of innocence and illegal searches) and the right to freedom of expression under the African Charter on Human and Peoples’ Rights (Banjul Charter) and the International Covenant on Civil and Political Rights (ICCPR) had been violated by the Republic of Rwanda (Respondent State). In its final orders, however, the Court rejected the applicant's prayer for immediate re

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22

Mujuzi, Jamil Ddamulira. "The Right to Compensation for Wrongful Conviction/Miscarriage of Justice in International Law." International Human Rights Law Review 8, no. 2 (2019): 215–44. http://dx.doi.org/10.1163/22131035-00802003.

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Human rights treaties (including Article 14(6) of the International Covenant on Civil and Political Rights (iccpr); Article 3 of the Protocol No. 7 to the European Convention for the Protection of Human Rights and Fundamental Freedoms; and Article 10 of the American Convention on Human Rights) explicitly protect the right to compensation for wrongful conviction or miscarriage of justice. The African Charter on Human and Peoples’ Rights is silent on this right. The Human Rights Committee, the European Court of Human Rights, the African Commission on Human and Peoples’ Rights and the Inter-Ameri

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Ssenyonjo, Manisuli. "The Crime of Unconstitutional Change of Government and Popular Uprisings in Africa: Issues and Challenges." African Journal of International and Comparative Law 28, no. 3 (2020): 432–65. http://dx.doi.org/10.3366/ajicl.2020.0322.

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Several African states have experienced military coups as a form of government change, undermining the constitutional change of governments, human rights and threats to regional peace and security in Africa. This article examines the crime of unconstitutional change of government in Africa. It considers the jurisdiction of the International Criminal Court (ICC) and the International Criminal Law section of the African Court of Justice and Human and Peoples’ Rights over the crime of unconstitutional change of government. It then examines the scope of the crime of unconstitutional change of gove

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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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Makulilo, Alexander B. "Tanganyika Law Society and the Legal and Human Rights Centre V. Tanzania and rev. Christopher R. Mtikila V. Tanzania (Afr. CT. H.R.)." International Legal Materials 52, no. 6 (2013): 1327–62. http://dx.doi.org/10.5305/intelegamate.52.6.1327.

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On June 14, 2013, the African Court on Human and Peoples’ Rights (the Court), in the consolidated matter of Tanganyika Law Society and the Legal and Human Rights Centre v. Tanzania and Rev. Christopher R. Mtikila v. Tanzania, found that the government of Tanzania violated the African Charter on Human and Peoples’ Rights (African Charter) when it prohibited independent candidates from contesting presidential, parliamentary, and local government elections. The case provides insight into the trajectory of the Court and its approach towards the jurisprudence of other international and regional hum

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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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Adeola, Romola, Frans Viljoen, and Trésor Makunya Muhindo. "A Commentary on the African Commission's General Comment on the Right to Freedom of Movement and Residence under Article 12(1) of the African Charter on Human and Peoples’ Rights." Journal of African Law 65, S1 (2021): 131–51. http://dx.doi.org/10.1017/s0021855321000061.

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AbstractIn 2019, the African Commission on Human and Peoples’ Rights adopted General Comment No 5 on the African Charter on Human and Peoples’ Rights: The Right to Freedom of Movement and Residence (Article 12(1)). In this general comment, the commission elaborated on the right to freedom of movement and residence within state borders. This issue, while explicit in international human rights law, is a challenge within various jurisdictions, including in Africa. This article provides a background to and commentary on General Comment No 5, leveraging on the insight of the authors, who participat

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Guillermet Fernández, Christian, and David Fernández Puyana. "Countering Terrorism and Violet Extremism While Promoting the Right of Peoples to Peace and Security in Africa." Strathmore Law Journal 3, no. 1 (2017): 39–64. http://dx.doi.org/10.52907/slj.v3i1.28.

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The United Nations Security Council (UNSC) increasingly emphasises the need for a comprehensive approach to countering the spread of terrorism and violent extremism. In its Resolution 2178 (2014), the UNSC encourages member statesm to engage with relevant local communities and non-governmental actors in developing strategies to counter the violent extremist narrative that can incite terrorist acts. The role played by the African Commission on Human and Peoples’ Rights in the struggle against terrorism is really important. The African approach to human rights has decisively contributed to under

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Nnaemeka‐Agu, P. "Discrimination and the African charter on human and peoples’ rights." Commonwealth Law Bulletin 19, no. 4 (1993): 1670–77. http://dx.doi.org/10.1080/03050718.1993.9986316.

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Murray, Rachel, Dr, and Steven Wheatley. "Groups and the African Charter on Human and Peoples' Rights." Human Rights Quarterly 25, no. 1 (2003): 213–36. http://dx.doi.org/10.1353/hrq.2003.0010.

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Adjei, William Edward. "Re-Assessment of “Claw-Back” Clauses in the Enforcement of Human and Peoples’ Rights in Africa." Journal of Legal Studies 24, no. 38 (2019): 1–22. http://dx.doi.org/10.2478/jles-2019-0006.

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Abstract One of the continuing problems, which had faced the African Charter, is many of its substantive provisions that are raven with qualifications without reasonable justification. These rights guaranteed under the Charter are subject to “claw-back” clauses that are introduced by governments and public authorities thereby undermining their citizen‟s basic constitutional rights of securing fundamental freedoms. They are those rights that impose negative duty on the state and are meant to promote the values of pluralism, equality and human dignity, which should be enjoyed free from state int

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Antigegn, Getahun Kumie. "The Role of African Court on Human and Peoples’ Right for Human Rights Protection: The Case of Libyan Crises." Advanced Journal of Social Science 7, no. 1 (2020): 38–44. http://dx.doi.org/10.21467/ajss.7.1.38-44.

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The emergence of regional human rights systems depicts one of the greatest achievements in the internationalization of human rights. The foundation of the charter paved the way for the birth of the court thereafter. The African Court is established by virtue of the 1998 protocol to the Charter and the court is built upon an arsenal of protective and remedial techniques. The establishment of the court has reset the stage and created a new platform for the protection of human rights in Africa. The cardinal objective of the paper is to investigate the role of African Court on human and Peoples’ r

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Ssenyonjo, Manisuli. "Responding to Human Rights Violations in Africa." International Human Rights Law Review 7, no. 1 (2018): 1–42. http://dx.doi.org/10.1163/22131035-00701003.

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This article examines the main achievements and challenges of Africa’s two regional bodies established to ensure the implementation of human rights in Africa. It makes an assessment of the role of Africa’s oldest regional human rights body, the African Commission on Human and Peoples’ Rights (African Commission) in the last 31 years of its operation (from 1987–March 2018). It also considers the judicial role of the African Court on Human and Peoples’ Rights (African Court) in the last 12 years of its operation (from 2006–March 2018). The increasing contribution of both the Commission and the C

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BANDA, FAREDA. "BLAZING A TRAIL: THE AFRICAN PROTOCOL ON WOMEN'S RIGHTS COMES INTO FORCE." Journal of African Law 50, no. 1 (2006): 72–84. http://dx.doi.org/10.1017/s0021855306000076.

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The entry into force of the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa, 2003 on 25 November, 2005, marked the culmination of years of lobbying for a document which would promote and protect the human rights of the continent's women by African women's rights advocates. This commentary provides a brief historical overview of the process leading up to the adoption of the Protocol by the African Union in Maputo in July 2003 before moving on to consider its substantive provisions.

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Kioko, Ben. "The African Charter on Democracy, Elections and Governance as a Justiciable Instrument." Journal of African Law 63, S1 (2019): 39–61. http://dx.doi.org/10.1017/s0021855319000044.

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AbstractThe African Charter on Democracy, Elections and Governance requires state parties to establish and strengthen democratic institutions, the rule of law, human rights and independent electoral systems. However, the extent to which these provisions can be invoked by individuals and non-governmental organizations before a court of law is uncertain. It is also unclear whether such provisions guarantee “stand-alone” individual rights and as such whether the charter could be considered to be a human rights instrument. This article seeks to analyse whether the charter is a human rights instrum

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Matefi, Roxana. "THE RIGHT TO LEGAL ASSISTANCE AND REPRESENTATION – GENERAL ASPECTS." Agora International Journal of Juridical Sciences 8, no. 4 (2014): 113–17. http://dx.doi.org/10.15837/aijjs.v8i4.1608.

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The current paper wishes to generally analyze the right to legal assistance and representation, a component of the right to be defended and of the right to an equitable trial, which is regulated in internal law as well as in international law, such as the European Convention of Human Rights or the African Charter on Human and Peoples’ Rights.

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Mhango, Mtendeweka. "Governance, Peace and Human Rights Violations in Africa: Addressing the Application of the Right to Self-Determination in Post-Independence Africa." African Journal of Legal Studies 5, no. 2 (2012): 199–214. http://dx.doi.org/10.1163/17087384-12342005.

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Abstract Recent claims of self-determination in post-independence Africa have put pressure on African regional judicial bodies to define the scope of this right. This article examines governance, peace and human rights violation issues in the context of the application of the right to self-determination in post-independence Africa. It scrutinizes the ruling by the African Commission in Katangese Peoples Congress v. Zaire, and argues that this ruling exhibits the African Commission’s encouraging view of self-determination under the African Charter, and the likely recognition of a right to an au

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Viljoen, Frans. "State reporting under the African Charter on Human and Peoples' Rights: a boost from the South." Journal of African Law 44, no. 1 (2000): 110–18. http://dx.doi.org/10.1017/s0021855300012080.

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The problems of the absence or infrequency of states parties reports to the African Commission and the inadequacy of many that are submitted needs to be addressed. At the 25th session of the African Commission, South Africa presented its initial report. This process before, during and after the examination of the report is discussed and provides both encouragement for states to comply with their reporting obligations under the African Charter and useful lessons for states wishing to improve the quality of their reports.

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Nkhata, Mwiza Jo. "Res judicata and the Admissibility of Applications before the African Court on Human and Peoples’ Rights: a Fresh Look at Dexter Eddie Johnson v. Republic of Ghana." Law & Practice of International Courts and Tribunals 19, no. 3 (2020): 470–96. http://dx.doi.org/10.1163/15718034-12341432.

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Abstract In Dexter Eddie Johnson v. Republic of Ghana, the African Court on Human and Peoples’ Rights (the Court), for only the second time in its history, applied Article 56(7) of the African Charter on Human and Peoples’ Rights (the Charter) to declare a case inadmissible. The Court reasoned that the case was inadmissible since the applicant had first approached, and obtained a determination, from the United Nations Human Rights Committee before lodging his case with the Court. This article analyses the Court’s decision and attempts to unpack the Court’s interpretation and application of the

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Hansungnle, Michelo. "THE AFRICAN CHARTER ON HUMAN AND PEOPLES RIGHTS: A CRITICAL REVIEW." African Yearbook of International Law Online / Annuaire Africain de droit international Online 8, no. 1 (2000): 265–331. http://dx.doi.org/10.1163/221161700x00091.

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Coomans, Fons. "The Ogoni Case Before The African Commission on Human and Peoples' Rights." International and Comparative Law Quarterly 52, no. 3 (2003): 749–60. http://dx.doi.org/10.1093/iclq/52.3.749.

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In 2001, the African Commission on Human and Peoples' Rights concluded consideration of a communication under Article 55 of the African Charter on Human Rights and Peoples' Rights which dealt with alleged violations of human rights of the Ogoni people in Nigeria.1 This communication is important and special, because, for the first time, the Commission was able to deal in a substantive and groundbreaking way with alleged violations of economic, social and cultural rights which formed the substance of the complaint. In addition, in dealing with the communication, the Commission took a firm and d

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Naldi, Gino J. "Limitation of Rights Under the African Charter on Human and Peoples' Rights: The Contribution of the African Commission on Human and Peoples' Rights." South African Journal on Human Rights 17, no. 1 (2001): 109–18. http://dx.doi.org/10.1080/02587203.2001.11827619.

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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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Niyungeko, Gérard. "The African Charter on Democracy, Elections and Governance as a Human Rights Instrument." Journal of African Law 63, S1 (2019): 63–80. http://dx.doi.org/10.1017/s0021855319000032.

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AbstractAccording to various provisions of the Protocol Establishing the African Court on Human and Peoples’ Rights, the court has jurisdiction over the interpretation and / or application of human rights instruments ratified by the states concerned. This article considers whether, in terms of those provisions, the African Charter on Democracy, Elections and Governance (ACDEG) is a relevant human rights instrument over which the court can exercise its jurisdiction. It aims to consider the contours of the main question posed and clarify the relevant aspects in light not only of the court's juri

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Goulbourne, Harry, and Chris Maina Peter. "Human Rights in Africa: A Comparative Study of the African Human and People's Rights Charter and the New Tanzanian Bill of Rights." Canadian Journal of African Studies / Revue Canadienne des Études Africaines 28, no. 2 (1994): 350. http://dx.doi.org/10.2307/485755.

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Antigegn, Getahun Kumie. "The role of african court on human and peoples’ rights protection: the case of libyan crises." RUDN Journal of Public Administration 6, no. 3 (2019): 213–22. http://dx.doi.org/10.22363/2312-8313-2019-6-3-213-222.

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The emergence of regional human rights systems depicts one of the greatest achievements in the internationalization of human rights. The foundation of the charter paved the way for the birth of the court thereafter. The African Court is established by virtue of the 1998 protocol to the Charter and the court is built upon an arsenal of protective and remedial techniques. The establishment of the court has reset the stage and created a new platform for the protection of human rights in Africa. The cardinal objective of the paper is to investigate the role of African Court on human and Peoples’ r

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Tigere, Patrick. "State Reporting to the African Commission: The Case of Zimbabwe." Journal of African Law 38, no. 1 (1994): 64–66. http://dx.doi.org/10.1017/s0021855300011475.

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Under the legal regime established by the African Charter on Human and Peoples’ Rights, country reports “on the legislative or other measures taken with a view to giving effect to the rights and freedoms recognized and guaranteed by the present Charter” must be submitted every two years. If a state is serious in its approach to human rights it might be assumed that such reports would be prepared and submitted in a timeous and thorough manner. The case of Zimbabwe indicates that this is not always the case.

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Human Rights Law in Africa, Editors. "PROTOCOL TO THE AFRICAN CHARTER ON HUMAN AND PEOPLES' RIGHTS ON THE ESTABLISHMENT OF AN AFRICAN COURT ON HUMAN AND PEOPLES' RIGHTS." Human Rights Law in Africa Online 1, no. 1 (2004): 170–74. http://dx.doi.org/10.1163/221160604x00206.

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Joshua, Ayobami, and Simisola Akintoye. "EVALUATION OF THE RULE OF LAW AS A PRE-REQISITE TO THE RIGHT TO DEVELOPMENT IN AFRICA." Denning Law Journal 31, no. 1 (2020): 93–121. http://dx.doi.org/10.5750/dlj.v31i1.1717.

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Africa faces myriads of challenges one of which is the need for development; as a result, development is a critical issue in Africa. The apparent disparity and inequity of the global economic system in the aspect of international economic development, conspicuous particularly on the Africa continent has dominated academic discourses since the era of the decolonization of the undeveloped countries. One of the direct consequences of this was the evolution of right-based approach to development agenda which have implications for democracy and the rule of law; two elements that have suffered serio

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Sing'Oei, Korir. "Engaging the Leviathan: National Development, Corporate Globalisation and the Endorois' Quest to Recover their Herding Grounds." International Journal on Minority and Group Rights 18, no. 4 (2011): 515–40. http://dx.doi.org/10.1163/157181111x598390.

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AbstractThis article examines in detail the recent landmark decision of the African Commission on Human and Peoples' Rights in Centre for Minority Rights Development & Minority Rights Group (on behalf of the Endorois) v. Kenya. In particular, the article analyses the extent to which the Commission has given a new and more "African" life to indigenous peoples' human rights in the continent. While engaging in a juridical exposition of various rights germane to indigenous groups within the African Charter on Human and Peoples' Rights, the article places this discourse in the context of global

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