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Journal articles on the topic 'African Charter on Human and Peoples' Rights (ACHPR)'

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Published: 4 June 2021

Last updated: 14 February 2022

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1

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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Van Der Vyver, Johan. "The Protection and Promotion of a People’s Right to Mineral Resources in Africa: International and Municipal Perspectives." Law and Development Review 11, no. 2 (2018): 739–55. http://dx.doi.org/10.1515/ldr-2018-0036.

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Abstract Development programs in many African countries include the reallocation of land and the nationalization of mineral resources for the benefit of less privileged communities in those countries. Implementing these programs is, however, quite complicated. This paper pays special attention to the confiscation of the land of white farmers in Zimbabwe as part of a development program, and the rapid decline of the economy of that country in consequence of this program. It serves as a reminder that depriving landowners of their property rights is counterproductive and is therefore not a feasib

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SSENYONJO, MANISULI. "TOWARDS NON-DISCRIMINATION AGAINSTWOMEN AND DE JURE EQUALITY IN UGANDA: THE ROLE OF UGANDA'S CONSTITUTIONAL COURT." African Journal of International and Comparative Law 16, no. 1 (2008): 1–34. http://dx.doi.org/10.3366/e0954889008000042.

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The principles of equality and non-discrimination represent the twin pillars or the cornerstone upon which the whole edifice of human rights law is established.1 At least every State in the world today is a party to a human rights treaty prohibiting discrimination on the basis of sex and/or protecting equality between men and women.2 Despite this fact inequality and discrimination remain two major impediments to the enjoyment of human rights of women. Discrimination against women on the basis of sex denies or limits as it does their equality with men, and is ‘fundamentally unjust’ since it vio

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Khamala, Charles A. "‘When Rescuers become Refoulers: Closing Kenya’s Refugee Camps amid Terrorism Threats’ and leaving vulnerable groups out in the cold." Africa Nazarene University Law Journal 8, no. 1 (2020): 1–29. http://dx.doi.org/10.47348/anulj/v8/i1a1.

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Kenya’s counter-terrorism measures, following entry into Somalia, relocated refugees to designated camps. However, by violating a refugee’s freedom of movement, mass relocation contravenes the African Charter on Human and Peoples’ Rights (ACHPR). Regional jurisprudence informed the Kenyan High Court’s Kituo cha Sheria v Attorney General decision holding that mass refugee relocation is indeed refoulement. It necessarily discriminates, punishes disproportionately, and may amount to a ‘failure to protect’ refugees against torture, a crime against humanity. However, the United Nations Convention R

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Rudman, Annika. "THE COMMISSION AS A PARTY BEFORE THE COURT– REFLECTIONS ON THE COMPLEMENTARITY ARRANGEMENT." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 19 (June 3, 2016): 1. http://dx.doi.org/10.17159/1727-3781/2016/v19i0a1225.

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The African Commission on Human and Peoples' Rights has worked as the continent's watchdog, under the ACHPR, for almost 30 years. Much has changed since the time of its inception. More institutions, set to ensure the implementation of the ACHPR, have been added. As the African Court on Human and Peoples' Rights became operational, a two-tiered human rights system was created.This article explores the inter-relationship between the ACHPR, the Protocol Establishing the African Court on Human and Peoples’ Rights and the Procedural Rules of these two institutions within the specific context of the

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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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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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9

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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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Vladykina, Anna. "Problem of acceptance of the rulings rendered by subregional courts in the African Commission on Human and Peoples’ Rights and African Court on Human and Peoples' Rights." Международное право и международные организации / International Law and International Organizations, no. 3 (March 2019): 48–55. http://dx.doi.org/10.7256/2454-0633.2019.3.29751.

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The subject of this article is the problem of acceptance of the rulings rendered by subregional economic courts by the African Commission on Human and Peoples&rsquo; Rights. The research leans on the approaches towards the procedure of filing same cases in multiple international jurisdictions. Particular attention is paid to the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples' Rights; as well as to the work of African Commission and African Court with regards to the problems of low efficiency in their interaction with the courts of subregio

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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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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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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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Murray, Rachel. "Decisions by the African Commission on Individual Communications under the African Charter on Human and Peoples' Rights." International and Comparative Law Quarterly 46, no. 2 (1997): 412–34. http://dx.doi.org/10.1017/s0020589300060498.

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The African Charter on Human and Peoples' Rights, adopted by the 18th Assembly of the Heads of State and Government of the Organisation of African Unity in Nairobi in 1981, which came into force in 1986, provided for a single commission with a wide range of powers in respect of the rights in the Charter. This was as a result of an initiative for an African regional mechanism for the protection of human rights by African jurists and subsequent conferences in the 1960s and 1970s, many of which were organised by the United Nations. In these debates several possibilities were raised for the form t

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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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ENONCHONG, NELSON. "THE AFRICAN CHARTER ON HUMAN AND PEOPLES' RIGHTS: EFFECTIVE REMEDIES IN DOMESTIC LAW?" Journal of African Law 46, no. 02 (2002): 197. http://dx.doi.org/10.1017/s022185530200189x.

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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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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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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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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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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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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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Enabulele, Amos O. "Incompatibility of national law with the African Charter on Human and Peoples' Rights: Does the African Court on Human and Peoples' Rights have the final say?" African Human Rights Law Journal 16, no. 1 (2016): 1–28. http://dx.doi.org/10.17159/1996-2096/2016/v16n1a1.

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