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

Author: Grafiati

Published: 4 June 2021

Last updated: 26 February 2023

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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

Kamau, Ndanga. "Advisory Opinion on the Request by the Pan African Lawyers Union Regarding the Compatibility of Vagrancy Laws with the African Charter of Human and Peoples' Rights and other Human Rights Instruments Applicable in Africa (Afr. Ct. H.P.R.)." International Legal Materials 61, no. 1 (2021): 142–68. http://dx.doi.org/10.1017/ilm.2021.43.

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On December 4, 2020, the African Court on Human and Peoples' Rights (the Court) issued an advisory opinion on the compatibility of vagrancy laws with the African Charter on Human and Peoples' Rights (African Charter), the African Charter on the Rights and Welfare of the Child (Children's Rights Charter), and the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (Protocol on Women's Rights). In this landmark advisory opinion, the Court considered an important social issue on the African continent.

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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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Durojaye, Ebenezer. "An analysis of the contribution of the African human rights system to the understanding of the right to health." African Human Rights Law Journal 21, no. 2 (2021): 1–31. http://dx.doi.org/10.17159/1996-2096/2021/v21n2a30.

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The right to health is one of the important rights guaranteed in international and regional human rights instruments. Over the years the content and nature of this right have evolved through the works of scholars and clarifications provided by human rights treaty bodies. Focusing on the work of the African Commission on Human and Peoples' Rights, this article assesses the contributions of the African human rights system towards the advancement of the right to health. It outlines some of the major achievements in terms of normative framework as exemplified by the provisions of the Protocol to t

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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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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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7

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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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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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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10

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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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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12

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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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AJOKU ESQ, O. OGECHUKWU. "Confronting the Constitutional Challenges to Realizing the Right to Development of the Niger Delta Communities in Nigeria." Advances in Politics and Economics 5, no. 4 (2022): p83. http://dx.doi.org/10.22158/ape.v5n4p83.

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This chapter seeks to examine the role of law, legislative, regional and multilateral instruments towards confronting the challenges to realizing the right to development of the Niger Delta communities in Nigeria. Such enabling instrument as African Charter on Human and Peoples’ Rights creates legal obligations for African States to implement the right to development. In other words, legal and constitutional protection of the right to development is very important either directly through the inclusion of the right to development in the constitutional bill of rights, or indirectly by ensuring a

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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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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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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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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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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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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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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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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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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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Magliveras, Konstantinos, and Gino Naldi. "The free movement of people in Africa as a human right and as an economic right: From the African Charter to the African Economic Community Protocol of 2018." African Human Rights Law Journal 22, no. 1 (2022): 1–23. http://dx.doi.org/10.17159/1996-2096/2022/v22n1a1.

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The right to freedom of movement of persons in a state is recognised by article 12 of the African Charter on Human and Peoples' Rights as a fundamental human right but, more generally, freedom of movement is also exercised in the context of continental economic integration, a crucial norm in economic integration projects. Not long after the entry into force of the African Charter in 1986, the first steps towards economic integration were taken, and the freedom of movement was enshrined in the Treaty Establishing the African Economic Community. As the AEC lost steam, the African Commission on H

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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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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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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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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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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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Mussomar, Calestino Victor. "HUMAN RIGHTS AND THEIR CONTEXTUALIZATION: AFRICAN CHARTER ON HUMAN AND PEOPLE RIGHT OF 1981." Lumen Veritatis: Jurnal Filsafat dan Teologi 11, no. 1 (2020): 77–88. http://dx.doi.org/10.30822/lumenveritatis.v11i1.704.

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The aim of this article is to propose a theoretical reflection of the urgent contextualization of Human Rights in African countries. As we know, Human Rights are transversal, that every people are a consequence of historical, social and political contexts. This article tries to defend that it is possible to avoid Western imperialism in the name of Human Rights with its form of universalism. For Africa, the context of Ubuntu is a good alternative.

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Dersso, Solomon. "Forty years of the African Charter and the reform issues facing the discourse and practice of human rights." African Human Rights Law Journal 21, no. 2 (2021): 1–20. http://dx.doi.org/10.17159/1996-2096/2021/v21n2a26.

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During its four decades of existence, the African Charter on Human and Peoples' Rights has become the grand human rights instrument that inspired and informed the development of norms and institutions for the promotion and protection of human rights both at the national and continental levels. Despite the normative and jurisprudential contributions of the African Charter and the standard of legitimate state behaviour that it established, currently the Charter and the African human rights system face multifaceted challenges raising questions on the relevance and legitimacy of the African Charte

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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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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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