Teleological Interpretation in the Emerging Socio-Economic Rights Jurisprudence of the African Court: African Commission on Human and Peoples’ Rights v Republic of Kenya

2021 ◽  
pp. 1-23
Author(s):  
Anneth Amin
Keyword(s):  
Economic Rights ◽  
Wide Range ◽  
Textual Approach ◽  
African Charter ◽  
Teleological Interpretation ◽  
African Commission

Abstract The African Court has recently decided on merits its first socio-economic rights case – ‘the African Commission on Human and Peoples’ Rights v Republic of Kenya’. The Court applied aspects of the teleological approach to interpretation to interpret socio-economic rights in question. The article examines the Court’s application of the teleological approach in its emerging socio-economic rights jurisprudence. The analysis shows that, although the Court found the respondent State in violation of a wide range of socio-economic rights, there are still some shortcomings in its application of the teleological approach. The African Court did not extensively exhaust all the interpretative tools within the African Charter that are in line with the teleological approach. Consequently, the interpretative potential embedded in these aspects of the teleological approach for effective interpretation of socio-economic rights in the African Charter is restricted. The Court also applied the tenets of the teleological approach inappropriately and interpreted some rights relevant to socio-economic rights based on a narrow textual approach. The mixing of the interpretative approaches leads to jurisprudential inconsistencies. If the Court certainly adopts and appropriately apply the teleological interpretation, it will contribute in advancing effective promotion and protection of these rights in the Continent.

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.

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.

scholarly journals A teleological approach to interpreting socio-economic rights in the African Charter: Appropriateness and methodology

2021 ◽  
Vol 21 (1) ◽  
Author(s):  
Anneth Amin
Keyword(s):  
Key Words ◽  
Economic Transformation ◽  
Economic Conditions ◽  
Economic Rights ◽  
The People ◽  
Treaty Interpretation ◽  
African Charter ◽  
Interpretive Process

SUMMARY The incorporation of socio-economic rights in the African Charter on Human and Peoples' Rights should be considered a vital move towards the transformation of socio-economic conditions of the people on the continent. However, the envisaged socio-economic transformation depends largely on how these rights are interpreted. It is the task of the supervisory organs of the African Charter to develop the scope and content of these rights and their related obligations through interpretation. To achieve this interpretative objective, interpretive process of the supervisory organs should be guided by an appropriate approach to interpretation that is applied coherently. This article argues that the teleological approach to treaty interpretation is an appropriate approach to interpreting socio-economic rights in the African Charter. The article develops a methodology for application of the teleological approach through which socio-economic rights in the African Charter may be effectively interpreted. Key words: socio-economic rights; African Charter; effective interpretation; teleological approach to interpretation

The Ogoni Case Before The African Commission on Human and Peoples' Rights

2003 ◽  
Vol 52 (3) ◽  
pp. 749-760 ◽  
Author(s):  
Fons Coomans
Keyword(s):  
Human Rights ◽  
Dynamic Approach ◽  
Effective Protection ◽  
Cultural Rights ◽  
African Charter ◽  
First Time ◽  
African Commission

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 dynamic approach that may contribute to a better and more effective protection of economic, social and cultural rights in Africa. This article discusses the case before the Commission and tries to characterize the decision of the Commission as an application of recent approaches to strengthen implementation and supervision of economic, social and cultural rights.

CASE NOTES

2003 ◽  
Vol 47 (1) ◽  
pp. 126-132
Author(s):  
Gina Bekker
Keyword(s):  
New York ◽  
Food Sources ◽  
Social Rights ◽  
Economic Rights ◽  
Oil Companies ◽  
The Social ◽  
Action Center ◽  
Oil Company ◽  
Majority Shareholder ◽  
African Commission

In 1996 a communication was brought to the African Commission on behalf of the Ogoni people, by the Social and Economic Rights Action Center (SERAC), a Nigerian–based NGO, and the Economic and Social Rights Action Center, a New York-based NGO. This communication averred the Nigerian government's involvement in the environmental degradation and resultant health problems amongst the Ogoni, as well as the destruction of their housing and food sources, through uncontrolled and irresponsible oil production by the State oil company (a majority shareholder in a consortium of oil companies), as well as the ruthless actions of the Nigerian military in support thereof.

State Reporting to the African Commission: The Case of Zimbabwe

1994 ◽  
Vol 38 (1) ◽  
pp. 64-66
Author(s):  
Patrick Tigere
Keyword(s):  
Human Rights ◽  
Legal Regime ◽  
African Charter ◽  
African Commission

Under the legal regime established by the African Charter on Human and Peoples’ Rights, country reports “on the legislative or other measures taken with a view to giving effect to the rights and freedoms recognized and guaranteed by the present Charter” must be submitted every two years. If a state is serious in its approach to human rights it might be assumed that such reports would be prepared and submitted in a timeous and thorough manner. The case of Zimbabwe indicates that this is not always the case.

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.

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