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.

African Union replaces Organization of African Unity

2002 ◽  
Vol 3 (8) ◽  
Author(s):  
Holger Hestermeyer
Keyword(s):  
South Africa ◽  
Democratic Republic ◽  
Addis Ababa ◽  
International Organization ◽  
African Union ◽  
African Unity ◽  
Inaugural Meeting ◽  
Organization Of African Unity ◽  
Heads Of State

During their inaugural meeting in Durban, South Africa, on 9 July 2002 the African heads of state replaced the 39-year-old Organization of African Unity (OAU) with the latest international organization: the African Union (AU). With the exception of Morocco that was not a member of the OAU and Madagascar, whose president is not recognized by the OAU/AU all African heads of state attended the ceremony. The AU will be headquartered in Addis Ababa in the Federal Democratic Republic of Ethiopia.

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.

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.

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.

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.

Peaceful Change in Africa

2020 ◽  
Author(s):  
Markus Kornprobst
Keyword(s):  
International Relations ◽  
African Union ◽  
African Unity ◽  
Organization Of African Unity ◽  
Five Elements ◽  
Settlement Of Disputes

This chapter examines contending African interpretations of peace and change; how some of these interpretations have come to constitute continental institutions; and how these institutions, in turn, have succeeded or failed to make a difference. Its argument is threefold. First, African interpretations of peace and change converge around a nexus of five elements: liberty, unity, development, pacific settlement of disputes and democracy. Second, this nexus left a major mark on continental institutions, first the Organization of African Unity and then the African Union. Third, although Africa’s record of peaceful change is very promising when one is to apply markers for peaceful change traditionally used in international relations, the continent has experienced very pronounced and persistent obstacles to implementing the five elements of the much more demanding nexus.

Beyond the African Unification Debate: Why is Pan-African Unity Still a Distant Dream?

2019 ◽  
pp. 15-21
Author(s):  
Sengulo Albert Msellemu ◽  
Hamisi Mathias Machangu
Keyword(s):  
African Diaspora ◽  
African Union ◽  
African Unity ◽  
Kwame Nkrumah ◽  
Pan African ◽  
The Future ◽  
Organization Of African Unity

The idea of the Unification of Africa is not one that should be easily discarded. It is an idea, however, that has experienced major difficulties for those seeking to implement it. Originating in the African Diaspora, it was taken up by figures such as Kwame Nkrumah and Julius Nyerere. In its first decades, the project of African unity was institutionalised in the Organization of African Unity. The OAU passed through many vicissitudes and was always a conceptual and political battleground divided between those who wanted swift and speedy unification of African states, and those who favoured more cautious approaches. In a period where the OAU has given way to the African Union, the authors make an impassioned plea for the continuation of the unification projection into the future, even if in a more sober manner more attuned to the complexities of a diverse continent.

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