human rights in africa from the oau to the african union

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Human Rights In Africa

Author : Rachel Murray
ISBN : 1139456334
Genre : Political Science
File Size : 67. 28 MB
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This work examines the role of the Organization of African Unity, now the African Union, and how it has dealt with human rights since its inception in 1963. It considers the role of its main institutions both under the OAU and its transformation into the African Union. The book is divided into chapters examining various themes including the rights of women, the rights of the child, the concept of democracy and the right to development. Written by a leading human rights scholar, this book is essential reading for lawyers acting for African states, and for foreign governments and NGOs active in Africa, as well as being of interest to international and comparative human rights scholars.

The African Human Rights System

Author : Vincent Obisienunwo Orlu Nmehielle
ISBN : 9041117318
Genre : Law
File Size : 31. 34 MB
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4. Right to Peace.

The African Union

Author : Samuel M. Makinda
ISBN : 9781134141166
Genre : Political Science
File Size : 79. 44 MB
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A comprehensive examination of the work of the African Union (AU), with special emphasis on its capacity to meet the challenges of building and sustaining governance institutions and security mechanisms. Samuel Makinda and F. Wafula Okumu show how Africa and, in particular, the AU can effectively addressed the challenges of building and sustaining governance institutions and security mechanisms only if they have strategic leadership. Current debates on, and criticisms of, leadership in Africa are also analyzed as well as key options for overcoming the constraints that African leaders face. Core topics covered include: the colonial policies of the European powers the emergence of Pan-Africanism the creation of the Organization of African Unity (OAU) in 1963 the evolution of the OAU into the AU in 2002 the AU’s capacity to address poverty alleviation, conflict management and resolution, peacebuilding and humanitarian intervention.

Corruption And Human Rights Law In Africa

Author : Kolawole Olaniyan
ISBN : 9781782254522
Genre : Law
File Size : 26. 97 MB
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This important new book provides a framework for complementarity between promoting and protecting human rights and combating corruption. The book makes three major points regarding the relationship between corruption and human rights law. First, corruption per se is a human rights violation, insofar as it interferes with the right of the people to dispose of their natural wealth and resources and thereby increases poverty and frustrates socio-economic development. Second, corruption leads to a multitude of human rights violations. Third, the book demonstrates that human rights mechanisms have the capacity to provide more effective remedies to victims of corruption than can other criminal and civil legal mechanisms. The book takes up one of the pervasive problems of governance--large-scale corruption--to examine its impact on human rights and the degree to which a human rights approach to confronting corruption can buttress the traditional criminal law response. It examines three major aspects of human rights in practice--the importance of governing structures in the implementation and enjoyment of human rights, the relationship between corruption, poverty and underdevelopment, and the threat that systemic poverty poses to the entire human rights edifice. The book is a very significant contribution to the literature on good governance, human rights and the rule of law in Africa. Endorsements "Kolawole Olaniyan has taken up one of the pervasive problems of governance - large-scale corruption - to examine its impact on human rights and the degree to which a human rights approach to confronting corruption can buttress the traditional criminal law response. His focus is Africa, but the valuable lessons he teaches in this comprehensive study can resonate throughout the world. The result is a comprehensive and holistic legal framework for addressing some of the root causes of human rights violations and poverty, not only in Africa, but wherever corruption exists." Dinah Shelton Manatt/Ahn Professor of International Law (emeritus) The George Washington University Law School "This book demonstrates the author's mastery of complex jurisprudential and theoretical discourses. His review of the existing literature is extensive, the doctrinal analysis rigorous and the treatment of the subject innovative. Dr. Olaniyan's willingness to introduce fresh eyes to the ways in which doctrine contributes to an understanding of seemingly mundane problems lays the foundation for fertile trajectories from which future scholars can launch exciting inquiries on the relationship between corruption and human rights. Overall, this book makes an important and valuable contribution to the growth and understanding of the corruption/human rights discourse as it is presently constructed." Ndiva Kofele-Kale, University Distinguished Professor of Law, SMU Dedman School of Law, Dallas, USA.

Regional Protection Of Human Rights

Author : Dinah Shelton
ISBN : 9780199744749
Genre : Political Science
File Size : 54. 20 MB
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The international protection of human rights is generally recognized as a fundamental aim of modern international law. Even a cursory review of legal systems for the protection of human rights demonstrates the rapid expansion of this field since the end of World War II. During this period, nearly all global and regional organizations have adopted human rights standards and addressed human rights violations by member states. As a consequence, no state today can claim that its treatment of those within its jurisdiction is a matter solely of domestic concern. In this book, Dinah Shelton examines the development of regional organizations and the role that human rights plays in them. It examines in particular the question of what human rights obligations states assume upon joining the regional bodies and how regional concern with human rights intersects with the global system elaborated in the context of the United Nations. This work is the first devoted to the European, Inter-American and African systems for the protection of human rights. It also discusses the prospects for regional systems in the Middle East and Asia. The Jurisprudence of the European and Inter-American Courts and decisions of the Inter-American and African Commissions are emphasized, including decisions on the interpretation and application of various human rights, procedural requirements and remedies. The book aims to expose the readers to the basic documents of each system and their inter-relationships, to enable the audience to apply those documents to ever-changing fact situations, and to alert them to the dynamic nature of regional human rights law and institutions. It also seeks to relate regional systems to national law and to the global system for the protection of human rights. Regional Protection of Human Rights illustrates how international human rights law is interpreted and implemented. The selections offer examples of political, economic and social problems as well as legal issues to show the significant impact of international human rights law institutions on the constitutions, law, policies, and societies of the regions. In addition to serving as a text for courses on human rights law, the book will be useful for courses in international law, international relations, and political science. It will also be a helpful resource for lawyers and policy-makers concerned with the protection of human rights.

Indigenousness In Africa

Author : Felix Mukwiza Ndahinda
ISBN : 9067046094
Genre : Law
File Size : 25. 43 MB
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Following the internationalisation of the indigenous rights movement, a growing number of African hunter-gatherers, pastoralists and other communities have adopted indigenousness in claiming special legal protection. Their legal claims as the indigenous peoples of Africa are backed by many international actors such as indigenous rights activists, donors and scholars. However, indigenous identification is resisted by many African governments, some community members and some anthropologists. Felix Mukwiza Ndahinda explores the sources of indigenous identification in Africa and its legal and political implications. Noting the limitations of systematic and discursive, as opposed to activist, studies, it questions the appropriateness of this framework in efforts aimed at empowering claimant communities in inherently multiethnic African countries and adopts an interdisciplinary approach in order to capture the indigenous rights phenomenon in Africa.

International Human Rights Law In A Global Context

Author : Felipe Gómez Isa
ISBN : 9788498308136
Genre : Law
File Size : 31. 71 MB
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The international human rights system remains as dynamic as ever. If at the end of the last century there was a sense that the normative and institutional development of the system had been completed and that the emphasis should shift to issues of implementation, nothing of the sort occurred. Even over the last few years significant changes happened, as this book amply demonstrates. We hope that this Manual makes a contribution to the development of International Human Rights Law and is of interest for those working in the field of promotion and protection of human rights. The book is the result of a joint project under the auspices of HumanitarianNet, a Thematic Network led by the University of Deusto, and the European Inter-University Centre for Human Rights and Democratisation (EIUC, Venice).

The African Charter On Human And Peoples Rights

Author : Malcolm Evans
ISBN : 9781139470841
Genre : Political Science
File Size : 30. 63 MB
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The African Charter of Human and Peoples' Rights came into force in 1986, and is unique in that it lacks a precedent. However, little scholarship exists analysing it as an operational system in practice. The success of the first edition of this book led to this updated second edition. Contributors include experts who have been actively involved in the implementation of the Charter - commissioners, NGOs and academics. Offering a detailed evaluation of the Charter as a mechanism for the promotion and protection of human rights in Africa, the contributions cover the Charter's reporting system, the interpretation of different rights by the Commission, the prospects for the African Court on Human and Peoples' Rights and the role of NGOs. This authoritative and comprehensive volume will interest lawyers acting for government and non-governmental organisations, as well as academics and postgraduates.

The African Union And New Strategies For Development In Africa

Author : Said Adejumobi
ISBN : 9781604975741
Genre : Business & Economics
File Size : 30. 86 MB
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The early twenty-first century witnessed remarkable attempts by Africa's political leadership to promote regional integration as a means of fast-tracking economic progress, facilitating peace and security, consolidating democratic gains, and promoting the general welfare of the African people. The transition of the Organization of Unity (OAU) to the African Union (AU), as well as the foisting of a new economic blueprint for the continent-the New Partnership for Africa's Development (NEPAD), combined with the growing role of the regional economic communities (RECs) in harmonizing and creating subregional norms and standards in the political and economic arena suggests a new trend towards regionalism in Africa. Indeed, in the new regional integration architecture, the RECs are considered to be the building blocks of the integration process led by the African Union. This new impetus of a regional development strategy was largely prompted by the slow pace of economic progress on the continent, the increasing marginalization of Africa in the global economy, and the need to create regional resources and standards that would benefit the continent in all spheres of social life. A painful realization became obvious that small micro-states in Africa sticking to their political independence and sovereignty would hardly make much progress in an increasingly globalised world. A macro-states' approach of regional integration has assumed Africa's new strategy to intervene in and integrate with a globalizing world. The current regional trend in Africa has received very little scholarly attention especially in a systematic and comprehensive way. This is due partly to the fact that the processes are currently unfolding and there is still uncertainty in the outcomes. Poor documentation and the dearth of primary materials (especially from the regional institutions) also contribute to the lack of scholarly work in this area. This study assembles the voices of some of the most seasoned African and Africanist scholars who have constantly, in one way or another, interacted with the integration process in Africa and kept abreast of the developments therein, and seeks to capture those developments in a nuanced manner in the economic, political and social spheres. The essence of this book is to analyze those processes--teasing out the issues, problems, challenges and major policy recommendations, with tentative conclusions on Africa's regional development trajectory. The book therefore fills major knowledge and policy gaps in Africa's regional development agenda. This book is a landmark contribution in a systematic attempt to comprehend Africa's regional development strategy led by the African Union. It examines the background, nuances, and dimensions of the process, which include the basis and historiography of pan-Africanism, the transition of the OAU to the AU, the issue of popular participation in development, the NEPAD and APRM initiatives, the evolving regional peace and security architecture, and the efforts of regional institutions to facilitate democracy, human rights, rule of law and good governance on the continent. The book underscores the fact that formidable obstacles and challenges abound in the trajectory, politics, and processes of this regional development paradigm, especially as Africa navigates an uncertain future in a deeply divided and unequal yet globalised World. The book constitutes a major reference material and compendium for a wide range of readers--students and scholars of African affairs and African development, policy makers both in Africa and the western countries, regional and international institutions and organizations, and all those interested in the past, present and future of Africa's development process.

Regional Human Rights Systems

Author : Christina M. Cerna
ISBN : 9781351905534
Genre : Political Science
File Size : 60. 8 MB
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Over the past sixty years the regional human rights systems have surpassed the UN human rights bodies in affording protection to the victims of human rights violations. Most of these systems have courts that are empowered to issue legally binding judgments and reparations for violations of human rights, which states have been unwilling to accord the UN system. The essays selected for this volume examine the structure and functioning of the principal regional human rights systems in the world today: 1) the Inter-American Commission and Court of Human Rights, 2) the European Court of Human Rights, 3) the African Commission and Court of Human and Peoples’ Rights and 4) the ASEAN Intergovernmental Human Rights Commission. These systems guarantee primarily civil and political rights. Central to all four systems is the necessity of a democratic form of government to guarantee these rights, although not all governments, parties to these regional treaties, are democracies. These articles trace the history of these systems, in particular, the expansion of their membership to include almost all independent countries in the region, and their evolution towards recognition of a 'right to democracy'.

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