Decisions by the African Commission on Individual Communications under the African Charter on Human and Peoples' Rights

1997 ◽  
Vol 46 (2) ◽  
pp. 412-434 ◽  
Author(s):  
Rachel Murray
Keyword(s):  
Human Rights ◽  
United Nations ◽  
African Unity ◽  
Wide Range ◽  
Protection Of Human Rights ◽  
African Charter ◽  
1960S And 1970S ◽  
The 1960S ◽  
Heads Of State ◽  
African Commission

The African Charter on Human and Peoples' Rights, adopted by the 18th Assembly of the Heads of State and Government of the Organisation of African Unity in Nairobi in 1981, which came into force in 1986, provided for a single commission with a wide range of powers in respect of the rights in the Charter. This was as a result of an initiative for an African regional mechanism for the protection of human rights by African jurists and subsequent conferences in the 1960s and 1970s, many of which were organised by the United Nations. In these debates several possibilities were raised for the form that such a body should take: from a proposal for several commissions, given the disparate and diverse cultural and political nature of African States a court, a specialised commission within the Organisation of African Unity (OAU), to a single commission. Not only was its structure contentious but also its functions, in particular whether these should include a protective as well as a promotional mandate and what such protective powers should be.

Organization of African Unity: Banjul Charter on Human and Peoples’ Right

1982 ◽  
Vol 21 (1) ◽  
pp. 58-68 ◽  
Keyword(s):  
Human Rights ◽  
Legal Philosophy ◽  
African Unity ◽  
Member States ◽  
Stated Objective ◽  
Organization Of African Unity ◽  
Protection Of Human Rights ◽  
African Charter ◽  
Heads Of State

The Eighteenth Assembly of Heads of State and Government of the Organization of African Unity, meeting in Nairobi, Kenya, June 24-27, 1981, made an historic step toward the protection of human rights in Africa when it passed the Banjul Charter on Human and Peoples’ Rights on to the member states of the O.A.U. to commence the ratification process of that document. The Charter represents the culmination of a two year drafting process.From November 28 to December 8, 1979, a gathering of African experts met in Dakar, Senegal to prepare the first draft of the proposed African Charter. The stated objective of the experts was to prepare an African human rights instrument based upon an African legal philosophy and responsive to African needs.

So Far, So Fair: The Local Remedies Rule in the Jurisprudence of the African Commission on Human and Peoples' Rights

2003 ◽  
Vol 97 (1) ◽  
pp. 1-37 ◽  
Author(s):  
Nsongurua J. Udombana
Keyword(s):  
African Union ◽  
African Unity ◽  
Organization Of African Unity ◽  
African Charter ◽  
Heads Of State ◽  
African Commission

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 peoples' rights and ensure their protection in Africa.” That is, besides “any other tasks which may be entrusted to it” by the Assembly, the Commission performs three primary functions: it promotes and protects human and peoples' rights and interprets the provisions of the Charter.

scholarly journals A Proposal for the Effective Implementation of the Protective Mandate of the African Commission on Human and Peoples’ Rights

2018 ◽  
Vol 11 (2-3) ◽  
pp. 178-200
Author(s):  
Allwell Uwazuruike
Keyword(s):  
Human Rights ◽  
Regional Level ◽  
Effective Implementation ◽  
The Core ◽  
Effective Operation ◽  
The Status ◽  
Protection Of Human Rights ◽  
African Charter ◽  
New System ◽  
African Commission

AbstractThe African Charter on Human and Peoples’ Rights ushered in an era of human rights promotion and protection at the regional level. However, the African Commission, created for this purpose, continues to face challenges especially with regard to the protection of human rights. This article critically examines one of the core obstacles to the effective operation of the Commission’s protective mandate – the binding nature of its recommendations – and formulates a proposal for bypassing that obstacle. It argues for the strengthening of the Commission’s protective mandate through a distinct and unambivalent adoption of the Commission’s rulings as official decisions of the AU Assembly backed by the concomitant full sanctioning power of the latter. Such adoption, it is argued, must go beyond the current near ceremonious practice whereby the Assembly receives and ‘adopts’ the Commission’s Activity Reports and focus on the recommendations themselves. Adopting this new system, it is argued, will strengthen and add meaning to the Commission’s protective mandate and further project the status of human rights across the continent.

III. INDIGENOUS PEOPLES' HUMAN RIGHTS IN AFRICA: THE PRAGMATIC REVOLUTION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS

2011 ◽  
Vol 60 (1) ◽  
pp. 245-270 ◽  
Author(s):  
Jérémie Gilbert
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Indigenous Peoples ◽  
Working Group ◽  
Indigenous Communities ◽  
Indigenous Populations ◽  
Advisory Opinion ◽  
African Charter ◽  
The United Nations ◽  
African Commission

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 peoples.5Until recently, the African Commission on Human and Peoples' Rights (the Commission), the leading human rights institution for the continent,6had kept a low profile on the issue and had ‘not always interpreted indigenous peoples’ rights favourably'.7From this perspective Commission regarding the communication submitted by the indigenous Endorois community against Kenya casts new light on the rights of indigenous peoples in Africa.8The decision, which has already been hailed as a ‘landmark,’9touches on several crucial issues regarding the development of indigenous peoples' human rights in Africa. This groundbreaking decision did not materialize unexpectedly but is part of a wider evolution of the Commission regarding indigenous peoples' human rights in Africa. It echoes the work of the Commission's own Working Group of Experts on Indigenous Populations/Communities (Working Group) which was established in 2001 with the mandate to focus specifically on the promotion and protection of the rights of indigenous peoples in Africa.10The mandate of the Working Group is to examine the concept of indigenous communities in Africa, as well as to analyse their rights under the African Charter on Human and Peoples' Rights (African Charter).11In 2003 the Commission adopted the report of the Working Group which proposes several avenues for the recognition and promotion of indigenous rights in Africa.12The adoption of an Advisory Opinion by the Commission to support the adoption of UNDRIP marked another step toward the affirmation of indigenous peoples' rights in Africa.13The Advisory Opinion not only participated in unlocking the reluctance of the group of African States to adopt the UNDRIP, but also reflected developments taking place at the international level on the rights of indigenous peoples as well as their connection to the continent. Remarkably, in recent years, the Commission has started to refer to indigenous peoples' rights in its examination of States' periodic reports.14All these factors and the recent decision of the Commission in the Endorois case indicate the emergence of a consistent jurisprudence on indigenous peoples' rights in Africa.

The Meaning of “People” in the African Charter on Human and Peoples’ Rights

1988 ◽  
Vol 82 (1) ◽  
pp. 80-101 ◽  
Author(s):  
Richard N. Kiwanuka
Keyword(s):  
Human Rights ◽  
African Unity ◽  
Organization Of African Unity ◽  
African Charter ◽  
Heads Of State

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 existence.

scholarly journals Responding to Human Rights Violations in Africa

2018 ◽  
Vol 7 (1) ◽  
pp. 1-42
Author(s):  
Manisuli Ssenyonjo
Keyword(s):  
Human Rights ◽  
Human Rights Violations ◽  
Protection Of Human Rights ◽  
Working Groups ◽  
African Charter ◽  
Interim Measures ◽  
Advisory Opinions ◽  
Rights Issues ◽  
African Commission

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 Court to the protection of human rights under the African Charter on Human and Peoples’ Rights is rarely subjected to scrutiny in mainstream human rights literature. The article is limited to the consideration of the Commission’s contribution with respect to: (i) decisions on admissibility of communications concerning mainly exhaustion of domestic remedies; (ii) decisions on merits of communications; (iii) adoption of resolutions, principles/guidelines, general comments, model laws and advisory opinions; (iv) special rapporteurs and working groups to deal with thematic human rights issues; (v) consideration of State reports and conducting on-site visits; and (vi) referral of communications to the African Court involving unimplemented interim measures, serious or massive human rights violations, or the Commission’s findings on admissibility and merits.

Human Rights Organizations in Turkey

2020 ◽  
Author(s):  
Başak Çalı
Keyword(s):  
Human Rights ◽  
Military Coup ◽  
Transformative Power ◽  
Eu Membership ◽  
Human Rights Organizations ◽  
Wide Range ◽  
1960S And 1970S ◽  
The 1960S ◽  
The Military ◽  
The Impact

This chapter analyzes the origins and the development of human rights organizations in Turkey since 1945. It first offers an overview of the limited number of elite organizations established between 1946 and 1974 and the initial skepticism toward human rights activism in the country in the 1960s and 1970s among grass-roots political movements. It then discusses the importance of two major events, the military coup in 1980 and the start of the armed conflict between the Turkish security forces and the PKK in 1984, for the development of human rights–based activism in the 1980s. The chapter then turns to the 1990s, characterized by the proliferation of human rights organizations and diversification of focus areas, ranging from LGBT rights to the rights of women to manifest their religion by wearing headscarves. It links these dynamics to the global rise of human rights activism in the 1990s and the subsequent appropriation of the human rights lexicon by a wide range of domestic social movements. The chapter moves forward with a discussion of the further proliferation of human rights organizations well into the 2000s as Turkey’s EU membership process boosted democratization and pluralism. The chapter ends with an assessment of the impact of the Adalet ve Kalkınma Partisi’s authoritarian turn on the transformative power and horizons of human rights organizations in the 2010s.

Generational Spillover in the Resistance to Trump

2018 ◽  
Author(s):  
Nancy Whittier
Keyword(s):  
Generation X ◽  
Mutual Influence ◽  
Organizational Structures ◽  
Wide Range ◽  
Political Generations ◽  
1960S And 1970S ◽  
The 1960S

The anti-Trump Resistance involves activists from an unusually wide range of political and chronological generations: movement veterans from the 1960s and 1970s, Generation X activists politicized in the 1980s and 1990s, Millennials who entered activism in the 2000s, and newcomers of all ages. Political generations differ in worldview based on both age and time of entry into activism. Generational spillover—the mutual influence, difference, and conflict among political generations—includes explicit attempts to teach organizing, and indirect influences on frames, organizational structures, tactics, ideologies, and goals. This chapter discusses generational spillover in the Resistance, including transmission and conflict.

The Regional Law of Refugee Protection in Africa

2018 ◽  
Author(s):  
Marina Sharpe
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
African Unity ◽  
Refugee Protection ◽  
Original Analysis ◽  
The Status ◽  
Organization Of African Unity ◽  
African Charter ◽  
African Refugee ◽  
Institutional Architecture

This book analyses the legal framework for refugee protection in Africa, including both refugee and human rights law as well as treaty and institutional elements. The regime is addressed in two parts. Part I analyses the relevant treaties: the 1951 Convention relating to the Status of Refugees, the 1969 Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa, and the 1981 African Charter on Human and Peoples’ Rights. The latter two regional instruments are examined in depth. This includes the first fulsome account of the African Refugee Convention’s drafting, an interpretation of its unique refugee definition, and original analysis of the relationships between the three treaties. Significant attention is devoted to the systemic relationship between the international and the regional refugee treaties and to the discrete relationships of conflict and relationships of interpretation between the two refugee instruments, as well as to the relationships of conflict and of interpretation between the African Refugee Convention and African Charter. Part II focuses on the institutional architecture supporting the treaty framework. The Organization of African Unity is addressed in a historical sense, and the contemporary roles of the African Union, the African Commission on Human and Peoples’ Rights, and the current and contemplated African human rights courts are examined. This book is the first devoted to the legal framework for refugee protection in Africa.

scholarly journals 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

2021 ◽  
pp. 1-21
Author(s):  
Romola Adeola ◽  
Frans Viljoen ◽  
Trésor Makunya Muhindo
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Freedom Of Movement ◽  
Number Of Factors ◽  
African Charter ◽  
The Right ◽  
Domestic Level ◽  
African Commission

Abstract In 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 participated in its drafting. Unlike the UN Human Rights Committee's earlier general comment, General Comment No 5 provides detailed guidance on the internal dimension of the right to free movement and residence. As “soft law”, its persuasive force depends on a number of factors, including its use at the domestic level, its visibility and its integration into regional human rights jurisprudence.

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