Relevant bibliographies by topics / African Court of Human and People's Rights

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Academic literature on the topic 'African Court of Human and People's Rights'

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Published: 4 June 2021
Last updated: 8 June 2024

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Journal articles on the topic "African Court of Human and People's Rights"

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Ayissi, Marie Joseph. "African Commission on Human and Peoples’ Rights v. Libya." American Journal of International Law 111, no. 3 (July 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 Court's order of provisional measures, the Court proceeded to the merits and found Libya in violation of several articles of the Charter. Its decision reflected both a measured approach to the issuance of default judgments and an emphasis on the need for states to comply with their human rights obligations even in situations of exceptional political and security instability.
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Akinkugbe, Olabisi D., and Morris K. Odeh. "The Role of the Registry and Legal Division of the African Court of Human and People's Rights in Dispute Settlement." AJIL Unbound 116 (2022): 384–89. http://dx.doi.org/10.1017/aju.2022.69.

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This Essay explores whether the African Court of Human and People's Rights’ (African Court) Registry and Legal Division have a similar expansive role in the dispute settlement mechanism as the World Trade Organization's (WTO) Secretariat. The African Court is the African Union's regional body for enforcing human rights. This Essay contributes to the scholarship on African international courts by testing the central arguments in Pauwelyn and Pelc's “Who Guards the ‘Guardians of the System’? The Role of the Secretariat in WTO Dispute Settlement”1 through a comparative analysis of the role of the Secretariat within the African Court.2 Despite the growing jurisprudence and influence of Africa's international courts, they continue to be neglected by mainstream scholarship of international courts and tribunals. This is evident in Pauwelyn and Pelc's article, which does not refer to any of Africa's seven international courts and tribunals. For that matter, the article makes no reference to any international tribunal outside Europe or the United States.3 Our analysis illustrates the fact that the influence of the African Court's Registry and Legal Division (Registry) in the process for dispute settlement is not as significant and concerning as that of the WTO Secretariat. As such, the influence of the Registry on the outcome of a case is significantly limited and does not raise any legitimacy crisis like the WTO. We attribute this disparity to the operational and structural disparities between the African Court and the WTO. In the following paragraphs, we examine each of the factors that Pauwelyn and Pelc raise concerning the influence of the WTO staff in WTO panel and Appellate Body proceedings4 in the context of the functions of the African Court Registry.
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Daly, Tom Gerald, and Micha Wiebusch. "The African Court on Human and Peoples' Rights: mapping resistance against a young court." International Journal of Law in Context 14, no. 2 (May 29, 2018): 294–313. http://dx.doi.org/10.1017/s1744552318000083.

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AbstractAt first glance, it appears that the African Court on Human and Peoples’ Rights – the first pan-continental court of the African Union (AU) for human rights protection – epitomises the advances made by international courts in Africa in the past decade. Since its first judgment in 2009, the Court has taken a robust approach to its mandate and its docket is growing apace. However, a closer look at the overall context in which the Court operates reveals that it is susceptible to many of the patterns of resistance that have hampered other international courts in the region, which cut across the development of its authority and impact. This paper analyses the forms and patterns of resistance against the African Court and the actors involved, emphasising the additional difficulties entailed in mapping resistance to a young court compared to long-established courts, such as the European and Inter-American human rights courts.
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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 (November 15, 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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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 (August 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 government and whether there is a right to peaceful rebellion against undemocratic governments in Africa. It also considers the impact of immunity granted to African heads of state on the prosecution of the crime of unconstitutional change of government. It further explores whether the imposition of the death penalty by some domestic courts for the crime of unconstitutional change of government is compatible with African states’ international human rights obligations under the African Charter on Human and Peoples’ Rights and other human rights instruments. This is followed by a consideration of the challenge of providing funds for the benefit of victims of crimes including unconstitutional changes of government.
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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 (December 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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Swart, Mia. "Judicial Independence at the Regional and Sub-Regional African Courts." Southern African Public Law 29, no. 2 (December 18, 2017): 388–407. http://dx.doi.org/10.25159/2522-6800/3662.

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Qualified and independent judges are essential for the legitimacy of the Courts. African regional courts will only contribute to the rule of law if the courts are legitimately composed. The purpose of this article is to consider whether judicial independence at the African regional and subregional courts has contributed t setting standards for the rule of law in Africa. The focus will be on the African Court of Human and People's Rights as well as the courts of the most prominent subregional communities. Because of the influence of the African Commission the composition of this body will also be considered.
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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 (September 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's linchpin and both were integrated within the AU. The Protocol to the African Charter establishing an African Court on Human and Peoples' Rights finally came into operation. There is renewed hope that a new era has begun and time has come for Africa's development, which is not possible without a more effective and better protection of human rights. In this article, the author reflects on the changing human rights landscape in Africa under the AU, NEPAD, and the African Court.
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Mbori, Harrison. "Ingabire Victoire Umuhoza v. The Republic of Rwanda." American Journal of International Law 112, no. 4 (October 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 release and deferred its decision on other forms of reparation. The judgment has broad implications on how African states protect and respect the rights to a fair trial and freedom of expression. The case also offers some vital lessons on state backlash towards human rights litigation and African states’ compliance with decisions of international courts (ICs).
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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 (April 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 proposed merger with the African Court of Justice.
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Dissertations / Theses on the topic "African Court of Human and People's Rights"

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Bortfeld, Mathias. "The African Court on Human and Peoples' Rights:." University of Canterbury. Law, 2008. http://hdl.handle.net/10092/1598.

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This thesis focuses on the establishment and operation of the latest regional Human Rights Court: The African Court on Human and Peoples' Rights. For the development of human rights protection mechanisms within regional organizations the governments of the member states are of special relevance. They pull the strings to either foster and develop a system or to disrupt it. Therefore, following a brief historical introduction, the first chapter gives an overview of the regional African organization, the former Organization of African Unity (OAU) and today's African Union (AU) which was instrumental in the establishment of the African Human Rights System and has now enhanced it by adding a judicial authority. However, it will become clear that is has taken a long time for the OAU to put human rights violations within the borders of its own member states on its agenda: Not until there was increasing international pressure due to never-ending excrescences of violence in the dictatorial regimes in Africa did the OAU carefully attend to this matter in the late 1970s. Its efforts culminated in the adoption of the African Charter on Human and Peoples' Rights (the eponymous Banjul Charter) which entered into force in 1981. The body for the protection created by the Charter was the African Commission on Human and Peoples' Rights which took up its function in 1987. Since the newly established African Court is not supposed to replace the Commission but rather to strengthen it, the Court operates in concert with the Commission. Therefore the old protection system will still be applicable which deems a portrayal of the system in the following chapter necessary. Here, it will be outlined, that the competences of the Commission remain very limited and that its judicial impact on the State parties involved in its protection procedures has been nearly nil up to this very day. Against this background the next chapter focuses on the Protocol to the Banjul-Charter establishing the African Court on Human and Peoples' Rights. First, the historical-political background and the protocol's juridical formulation process are examined. Here it will be shown that the end of global bipolarity has had a remarkable impact on the political protagonists in Africa with the effect that the increasing demands for a human rights Court within the OAU no longer remained completely unheard. It will also be outlined that the path towards the adoption of the protocol has been long and difficult. After a short survey of the organisational structure of the Court it will become clear that the protocol follows to a large extend its Inter-American counterpart concerning the institutional embodiment. However, a remarkable and, in international comparison, a unique achievement has also been achieved by the institutional regulations by making gender equality has one of the key issues to encompass when it comes to the nomination and election of judges. The following chapters outline the jurisdiction of the Court and the judicial process before the Court. In this connection the admissibility criteria will be highlighted in which two remarkable regulations stand out: First, it will become clear that in contrast to other regional human rights courts individuals and NGOs alike are entitled to file a complaint with the African Court (even though initially with the help of the Commission, since the protocol makes the complaint authority of individuals and NGOs dependent of a special declaration of acceptance of the State Parties concerned). Moreover, also unique compared to international two-tier human rights procedures, the protocol does not include a provision according to which a complainant would be obliged to go through a prior Commission procedure before filing a complaint with the Court. Individual complainants rather have direct access to the Court once a declaration of acceptance has been submitted by a State Party to the protocol. Following short remarks on the competence of the Court to issue provisional measures which, among other things, reveal that these measures have, in contrast to those of the ECtHR, binding effect the procedural termination of a complaint comes into focus. Here, the possible contents of the rulings and the control mechanisms for their implementation are being contemplated in a detailed fashion. This last aspect most probably will have great influence on the fate of the Court since the Commission for its part had to a large extent no success due to the fact that it had no conventional implementation procedures to rely on. Therefore, in the vast majority of cases the findings of the Commission trailed off without any State Party concerned paying any attention to it. The drafters of the protocol establishing the Court obviously have learned this lesson since the protocol provides for a quite remarkable implementation mechanism that may be able to impose political and legal pressure alike on State Parties if the Court deems that they have not properly complied with a Court's ruling. Even sanctions within the African Union against a recusant State come into question from a legal point of view - a quantum leap regarding the legal situation under the Banjul Charter. The last chapter rehearses the main findings of the thesis and concludes with a positive outlook on the future development of the African human rights system.
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Bello, Ayodeji Aliu. "The African court on human and peoples’ rights: a test of African notions of human rights and justice." University of the Western Cape, 2019. http://hdl.handle.net/11394/6832.

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Doctor Legum - LLD
The African Court on Human and Peoples’ Right (the Court) is the most recent of the three regional Human Rights Bodies. Envisioned by the African Charter on Human and Peoples’ Right, its structures was not planned until the Organisation of African Unity (OAU) promulgated a protocol for its creation in 1998. The Court complements the protective mandate of the African Commission on Human and Peoples’ Rights (‘The Commission’) and the Court has the competence to take final and binding decisions on human rights violations. Unlike its European and inter-American versions where their courts are integral parts of the cardinal instrument of the system ab initio, the establishment of the African Court was merely an afterthought. At the initial, protection of rights rested solely with the Commission upon African justice system which emphasises reconciliation as it is non-confrontational method of settlements of. The Commission is a quasi-judicial body modelled after the United Nations Human Right Committee without binding powers and with only limited functions covering examination of State reports, communications alleging violations and interpreting the Charter at the request of a State, the OAU or any organisation recognised by the OAU. The thesis answers the question whether the adoption of the African Court means that the African model of enforcing human rights has failed or whether having the Court constitute a concession to the triumph of the western model of law enforcement. The imperative of the 30th Ordinary Session of the OAU in 1994 where the creation of an African Court of Human and Peoples’ Rights was viewed as the best way of protecting human rights across the region would be treated. The relevance of such an examination is highlighted by the fact that the African Charter did not make any provision for the establishment of a Court to enforce the rights guaranteed thereunder. If we are to assume that justice by reconciliation has failed and should be replaced by or complimented with justice by adjudication as the primary means of conflict resolution, what guarantees are there that the latter form of justice will not also fail? This thesis therefore will critically evaluate the African Court on Human and Peoples’ Rights and assessed its potential impact on the African human rights system. It will also probe the power of the Court and see whether a clear and mutually reinforcing division of labour between it and the African Commission can be developed to promote and protect human rights on the continent. This research brings to focus an area that requires attention if the African human rights regime is to be effective. It put to test the criticism against the African Charter and the Protocol to the African Charter on the Establishment of an African Court on Human and Peoples’ Rights and also identified the present existing flaws in the African regional system. Furthermore, it ascertained whether or not, given the availability of other options, a regional Court is, in fact, the ideal mechanism for the protection of human rights in Africa.
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Aliu, Bello Ayodeji. "The African Court on Human and Peoples’ Right: A test of African notions of human rights and justice." University of the Western Cape, 2019. http://hdl.handle.net/11394/6630.

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Doctor Legum - LLD
The African Court on Human and Peoples’ Right (the Court) is the most recent of the three regional Human Rights Bodies. Envisioned by the African Charter on Human and Peoples’ Right, its structures was not planned until the Organisation of African Unity (OAU) promulgated a protocol for its creation in 1998. The Court complements the protective mandate of the African Commission on Human and Peoples’ Rights (‘The Commission’) and the Court has the competence to take final and binding decisions on human rights violations. Unlike its European and inter-American versions where their courts are integral parts of the cardinal instrument of the system ab initio, the establishment of the African Court was merely an afterthought. At the initial, protection of rights rested solely with the Commission upon African justice system which emphasises reconciliation as it is non-confrontational method of settlements of. The Commission is a quasi-judicial body modelled after the United Nations Human Right Committee without binding powers and with only limited functions covering examination of State reports, communications alleging violations and interpreting the Charter at the request of a State, the OAU or any organisation recognised by the OAU. The thesis answers the question whether the adoption of the African Court means that the African model of enforcing human rights has failed or whether having the Court constitute a concession to the triumph of the western model of law enforcement. The imperative of the 30th Ordinary Session of the OAU in 1994 where the creation of an African Court of Human and Peoples’ Rights was viewed as the best way of protecting human rights across the region would be treated. The relevance of such an examination is highlighted by the fact that the African Charter did not make any provision for the establishment of a Court to enforce the rights guaranteed thereunder. If we are to assume that justice by reconciliation has failed and should be replaced by or complimented with justice by adjudication as the primary means of conflict resolution, what guarantees are there that the latter form of justice will not also fail? This thesis therefore will critically evaluate the African Court on Human and Peoples’ Rights and assessed its potential impact on the African human rights system. It will also probe the power of the Court and see whether a clear and mutually reinforcing division of labour between it and the African Commission can be developed to promote and protect human rights on the continent. This research brings to focus an area that requires attention if the African human rights regime is to be effective. It put to test the criticism against the African Charter and the Protocol to the African Charter on the Establishment of an African Court on Human and Peoples’ Rights and also identified the present existing flaws in the African regional system. Furthermore, it ascertained whether or not, given the availability of other options, a regional Court is, in fact, the ideal mechanism for the protection of human rights in Africa.
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Geoffreys, Timothy Colin. "The promise of the African Court of Justice and human and peoples' rights and for the protection of human rights in Africa." Master's thesis, University of Cape Town, 2013. http://hdl.handle.net/11427/4696.

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Deyi, Busiswe. "When rights collide with reality : an argument for dialogic approach by the African court on Human and Peoples' Rights to the 'effective remedy' principle based on a distributive justice Ethos." Diss., University of Pretoria, 2011. http://hdl.handle.net/2263/18623.

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The African Court on Human and Peoples’ Rights (AfCHPR) was created amidst great criticism to the ineffectiveness of the African Commission on Human and Peoples’ Rights (AfCmHPR) in protecting human rights on the content. After much debate, spanning four decades the Protocol on the Establishment of an African Court on Human and Peoples’ Rights (the Protocol) was adopted by the Organisation of African Unity Assembly and entered into force on the 25th of January 2004. Later the 4th AU summit in January 2006 elected the eleven judges of the Court.
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011.
http://www.chr.up.ac.za/
nf2012
Centre for Human Rights
LLM
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Rubasha, Herbert. "Appreciating diversity : is the doctrine of margin of appreciation as applied in the European Court of Human Rights relevant in the African human rights system?" Diss., University of Pretoria, 2006. http://hdl.handle.net/2263/1228.

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"The purpose of this study is to interrogate the doctrine of margin of appreciation as applied in the European Court of Human Rights and establish amenable lessos to the African human rights system. As such, the author will be able to draw appropriate and informed recommendations on the prospects of the doctrine in African context. In other words, the study proceeds from the approach that 'diversity' alone is not enough to guarantee application of margin of appreciation. Rather, a variety of factors come into consideration while weighing whether margin of appreciation should be granted to states. Indeed, such benchmarks will inform the discourse of this study, while at the same time acknowledging that a comparative study between European and African systems cannot be possible. The premise for disqualifying a comparison assumes that margin of appreciation presupposes a democratic society. Thus, while the member states of the ECHR have attained high levels of human rights records, some of their counterparts in Africa are still marred by embarrassing human rights records." -- Preamble. "Chapter one introduces the study and the context in which it is set. It highlights the basis and structure of the study. Chapter two makes reference to the connotation, origin and development of the doctrine of margin of appreciation. It discusses also contours and varying degrees of the doctrine's application with particular regard to respect of the rule of law. In addition, difficulties linked to the doctrine are highlighted. Chapter three highlights policy grounds underlying margin of appreciation in the European Court of Human Rights. It starts from most decisive policy grounds and moves to weaker ones. Chapter four examines the legal basis for application of the doctrine of margin of appreciation under the African Charter. It further notes the attitude of African states through their submissions claiming margin. The Prince case as the first of its kind to invoke margin of appreciation is discussed. Chapter five attempts to identify the defensibility and indefensibility of the doctrine in [the] African human rights system. Chapter six consists of a summary of the presentation and the conclusions drawn from the entire study." -- Introduction.
Prepared under the supervision of Prof. Gilles Cistac at the Faculty of Law, Universidade Eduardo Mondlane, Maputo, Mocambique
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2006.
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
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Whitman, Kim. "Contesting Uganda's legislative homophobia in the African court on human and peoples' rights: Substantive and procedural challenges." University of the Western Cape, 2014. http://hdl.handle.net/11394/8219.

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Magister Legum - LLM
In many societies, a division between genders exist. This differentiation is attributed to a patriarchal culture which creates gender norms in sexualities.1 A set of cultural practices and expectations exist; these cultural practices and expectations assume that heterosexuality is the cornerstone of social unions - this phenomenon is known as heteronormativity.2 Heteronormativity affords that there are only two sexes with predetermined gender roles,3 creating the homophobia in societies. Human rights infringements on the basis of gender identity and sexual orientation has become noticeable across Africa.4 Homophobia in Africa is linked to the codification of laws that infringed on human rights under colonialism, which still forms part of the current norms around sexuality.5 Homosexuality is prohibited and is unlawful in most of the countries in Africa, South Africa being the only country that allows for the legal union of same-sex couples.6 There have been a number of academic texts debating the importance of culture against the right to equality in the South African context; 7 however, there is an inadequate amount of academic text available about this topic on an African level. Therefore, an ongoing debate about the protection of "sexual minorities" contrasted with the protection of cultural rights exists on an international scale. 8 The rights of sexual minorities are disregarded too often and they are often denied equal and fair access to the law. A large number of African countries believe that homosexuality is un African,9 thus choosing to exclude lesbians and gays from citizen rights. 10 Due to this belief, the practice of homosexuality in Africa is seen one that goes against the morals and values of the majority of society. This creates a stand-off between cultural rights and equality rights of sexual minorities.
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Ayalew, Albab Tesfaye. "African Court of Justice and Human and Peoples’ Rights : prospects and challenges of prosecuting unconstitutional changes of government as an international crime." Diss., University of Pretoria, 2012. http://hdl.handle.net/2263/37278.

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In its latest attempt to curb the plight of unconstitutional changes of government in Africa, the African Union (AU) is in the process of empowering the African Court of Justice and Human and Peoples’ Rights (African Court) to prosecute perpetrators of unconstitutional changes of government in member states. This study considers the prospects and challenges of such prosecution by the proposed African Court. The study first identifies the normative and institutional framework developed by the Organisation of African Unity (OAU), and later the AU to address unconstitutional changes of government in the continent. It then analyses the AU’s response to unconstitutional changes of government in member states, taking Guinea, The Comoros, Niger, Tunisia, Egypt and Libya as case studies. In doing so, it identifies the strengths and weaknesses of the AU’s response to the changes in these countries, including the capability of the AU’s normative and institutional framework to address all forms of unconstitutional changes in the region. Most importantly, the study addresses the challenges and prospects of prosecuting unconstitutional changes of government by the proposed African Court and whether the Court would be able to overcome the short-comings identified in the case studies. It finally concludes and recommends based on the findings of the study.
Dissertation (LLM)--University of Pretoria, 2012.
gm2014
Centre for Human Rights
unrestricted
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Musila, Godfrey. "Whistling past the graveyard : amnesty and the right to an effective remedy under the African Charter : the case of South Africa and Mocambique." Diss., University of Pretoria, 2004. http://hdl.handle.net/2263/937.

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"First, this dissertation proposes to explore the practice of amnesties in dealing with violations of human rights vis-à-vis the obligation of states to punish and to prosecute gross violations of human rights and to guarantee effective remedies for victims. Secondly, it seeks to inquire, for purposes of meeting the first objective, into the validity of amnesties in international law with specific reference to the African Charter. Thirdly, on the strength of a selected case studies: South Africa and Moçambique, and informed by relevant jurisprudence drawn from the Inter-American human rights system and elsewhere, a critique informative of the recommendations as to how the African Court should deal with cases arising out of such amnesty situations will be attempted. Equally, similar reference will be made, albeit in an abridged way, to how amnesties could be dealt with at the political levels of the African Union (AU). Fourthly, the dissertation will inquire into why amnesties, which have been used to advance utilitarian ends of the communal good (national reconciliation) thereby ‘trumping individuals’ rights’, cannot at the same time, be so fashioned as to reconcile these especially relating to effective remedies for violations of human rights the amnesty seeks to address. Fifthly, in drawing on the foregoing, this study will, by way of recommendations, seek to outline criteria or conditionalities upon which amnesty should, if ever, be granted. ... The study consists of five chapters. Chapter one will provide the context in which the study is set. It highlights the basis and structure of the study. Chapter two endeavours to outline some of the basic concepts central to the study; amnesty, pardon as instruments of national reconciliation and the various avenues through which these has been effected in the past. In the main, the chapter attempts a problematisation of the concept of amnesty by which its validity and place in international law will be examined. Chapter three outlines the approaches to amnesty in South Africa and Moçambique and the countervailing state obligations to ensure rights protected in human rights instruments: to prosecute and punish violators and the rights of victims and their relatives to effective remedies. In the case of South Africa, the right to effective remedies is discussed within the context of the decision of the South African constitutional court in AZAPO. Chapter four attempts to grapple with the possibility of bringing a case before the African Court of Human Rights and how this case may, and should be decided in light of existing decisions of the African Commission on Human and Peoples’ Rights and available comparative jurisprudence on the subject. Chapter five will consist of a summary of the presentation and the conclusions drawn from the entire study. It will also make some recommendations as to how amnesty should be dealt with both at political level (AU) and at the level of the African Court in relation to human rights violations. In furtherance of this, it attempts an outline of directive criteria that should be applied." -- Chapter 1.
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2004.
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM
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Adjolohoun, Horace Segnonna A. T. "The right to reparation’ as applied under the African Charter by Benin’s Constitutional Court." Diss., University of Pretoria, 2007. http://hdl.handle.net/2263/5340.

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The purpose of the study is to determine the extent to which Benin’s Constitutional Court gives effect to the right to reparation under the African Charter and to examine relevant routes for the Court to discharge its duty fully and accurately. Ultimately, the study envisions suggesting Benin’s Constitutional Court a more genuine approach to the right to reparation with an emphasis on the content and scope of the right to reparation, competent remedial institutions and determination of the quantum in cases of monetary compensation.
Mini Dissertation (LLM)--University of Pretoria, 2007.
http://www.chr.up.ac.za/
Centre for Human Rights
LLM
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Books on the topic "African Court of Human and People's Rights"

1

Frans, Viljoen, International Commission of Jurists (1952- ). Kenya Section., and Konrad-Adenauer-Stiftung, eds. Judiciary watch report: The African human rights sys[t]em : towards the co-existence of the African Commmission on Human and People's Rights and African Court on Human and People's Rights. Nairobi: Kenya Section of the International Commission of Jurists, 2006.

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La charte africaine des droits de l'homme et des peuples et le protocole y relatif portant création de la Cour afri1caine [sic] des droits de l'homme: Commentaire article par article. Bruxelles: Bruylant, 2011.

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Unity, Organization of African. Protocol to the African Charter on Human and Peoples' Rights on the establishment of an African court on human and peoples' rights. Addis Ababa]: Organization of African Unity, 1998.

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Kioko, Ben. 2016: African year of human rights with a focus on the rights of women. Edited by African Court on Human and Peoples' Rights. Arusha, Tanzania: African Court, 2016.

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International human rights law in Africa. 2nd ed. Oxford: Oxford University Press, 2012.

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International human rights law in Africa. Oxford: Oxford University Press, 2007.

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Activity report of the African Court on Human and Peoples' Rights 2008. [S.l: Alliances for Africa, 2009.

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The justiciability of economic, social and cultural rights in the African regional human rights system: Theory, practice and prospect. Cambridge, United Kingdom: Intersentia, 2013.

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Alemahu, Sisay. The justiciability of economic, social and cultural rights in the African regional human rights system: Theories, laws, practices and prospects. Åbo: Åbo akademis förlag, 2011.

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Dawodu, Sulayman Babs. Protection of human and peoples rights in the 20th century and beyond: A case for an African court of human rights. London: University of East London, 1996.

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Book chapters on the topic "African Court of Human and People's Rights"

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Ssenyonjo, Manisuli. "The African Commission and Court on Human and Peoples’ Rights." In International Human Rights Institutions, Tribunals, and Courts, 479–509. Singapore: Springer Singapore, 2018. http://dx.doi.org/10.1007/978-981-10-5206-4_18.

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Ssenyonjo, Manisuli. "The African Commission and Court on Human and Peoples’ Rights." In Precision Manufacturing, 1–31. Singapore: Springer Singapore, 2018. http://dx.doi.org/10.1007/978-981-10-4516-5_18-1.

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Christensen, Martin Lolle, and William Hamilton Byrne. "Two Paths in the Future Relationship of the European Court of Human Rights and the African Court of Human and Peoples' Rights." In Reflections on the Future of Human Rights, 250–60. London: Routledge, 2023. http://dx.doi.org/10.4324/9781003404620-14.

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Garrido, Rui. "Reflections About the African Court on Human and Peoples’ Rights Twenty Years After the Ouagadougou Protocol." In African Histories and Modernities, 317–43. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-52911-6_13.

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Ojigho, Osai. "Litigating gender discrimination cases before the ECOWAS Community Court of Justice and the African Court on Human and Peoples' Rights." In Gender, Judging and the Courts in Africa, 142–58. London: Routledge, 2021. http://dx.doi.org/10.4324/9780429327865-10.

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Nkrumah, Bright. "The Role of the African Court on Human and Peoples’ Rights in Promoting the Socio-Economic Rights of Migrants." In Politics of Citizenship and Migration, 111–38. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-16548-1_5.

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Chibueze, Remigius. "International Criminal Jurisdiction of the African Court of Justice and Human and Peoples’ Rights: Promoting or Obstructing Accountability?" In International Law and Development in the Global South, 115–38. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-13741-9_8.

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Ben Achour, Rafâa. "Human Rights: African Court." In Encyclopedia of Contemporary Constitutionalism, 1–17. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-319-31739-7_80-1.

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Alapini-Gansou, Reine. "The feminine face of the African Commission on Human and Peoples' Rights." In Gender, Judging and the Courts in Africa, 161–88. London: Routledge, 2021. http://dx.doi.org/10.4324/9780429327865-12.

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De Silva, Nicole. "African Court on Human and Peoples’ Rights." In International Law's Objects, 95–105. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198798200.003.0007.

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This chapter examines international courts’ premises as objects of international law through the case of the African Court on Human and Peoples’ Rights. When creating an international court, states become legally obligated to supply its physical premises—a functional and symbolic resource that underpins the court’s legal authority and influence. Drawing on archival evidence, this chapter analyses the African Court’s significant challenges in securing this important resource from political actors within the African Union and Tanzania, the court’s host state. It shows that, with international law and courts, there can be a considerable gap between states’ commitment and compliance, and between legal ambition and political reality. This gap, however, can mobilize court officials to assert their needs for resources and, more generally, the significance of their mandate. Examining international courts’ premises, therefore, can elucidate the tensions between law and politics embedded in international justice specifically and international law more broadly.
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