Organization of African Unity and African Union Engagement with Refugee Protection: 1963–2011

2013 ◽  
Vol 21 (1) ◽  
pp. 50-94 ◽  
Author(s):  
Marina Sharpe
Author(s):  
Marina Sharpe

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.


Author(s):  
Markus Kornprobst

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.


2003 ◽  
Vol 97 (1) ◽  
pp. 1-37 ◽  
Author(s):  
Nsongurua J. Udombana

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.


2002 ◽  
Vol 3 (8) ◽  
Author(s):  
Holger Hestermeyer

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.


2019 ◽  
pp. 15-21
Author(s):  
Sengulo Albert Msellemu ◽  
Hamisi Mathias Machangu

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.


2018 ◽  
Vol 11 (2) ◽  
pp. 259-276 ◽  
Author(s):  
Osy Ezechukwunyere Nwebo

Abstract After more than five decades of the establishment of the Organization of African Unity (OAU) now the African Union (AU), Africa remains at a cross road in her struggle to grapple with the daunting challenges of achieving its core objectives of promoting sustainable development (SD) and economic integration, despite various earlier development initiatives and treaties in that regard. In analyzing the problem, this paper adopts the concept of law as instrument of social change and argues that at the heart of Africa’s missed development opportunities in the past lies the fundamental problem of democratic governance deficit. Indeed, weak governance and its associated political instability, insecurity and lack of peace hinder development and socio-cultural harmony. The paper further argues that there is an ineluctable linkage between democratic governance and sustainability of development and therefore presents the adoption of democratic governance method as the only sustainable way of successfully addressing Africa’s development challenges. In the final analysis, the paper concludes that the achievement SD and integration of the African continent within the framework of agenda 2063 must be predicated on the prioritization and promotion of democratic governance as its necessary adjunct.


2015 ◽  
Vol 54 (3) ◽  
pp. 507-531
Author(s):  
Uche Ewelukwa Ofodile

On June 27, 2014, at the 23rd Ordinary Session of the Summit of the African Union held in Malobo, Equatorial Guinea, member states of the Africa Union adopted the Protocol on the Establishment of the African Monetary Fund (Fund). Plan for the Fund is not new but dates back to the 1963 Charter of the Organization of African Unity (the predecessor to the Africa Union) as well as to the 1991 Abuja Treaty—the agreement that established the African Economic Community and put in place a framework for continental integration. The Constitutive Act of the African Union (Constitutive Act) adopted in 2000 also envisaged the establishment of the Fund. Annexed to the Protocol is the Statute of the African Monetary Fund (Statute). As envisioned in the Abuja Treaty, the Fund, together with continental institutions such as the Africa Investment Bank and the African Central Bank that are still in the pipeline, are critical to efforts to create a continental economic and monetary union in Africa.


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