The Progressive Development of Peoples’ Rights in the African Charter and in the Case Law of the African Commission on Human and Peoples’ Rights

2014 ◽  
Keyword(s):  
Case Law ◽  
Progressive Development ◽  
African Charter ◽  
African Commission

The African Charter on Human and Peoples' Rights

2019 ◽  
Author(s):  
Murray Rachel
Keyword(s):  
Human Rights ◽  
Critical Analysis ◽  
Case Law ◽  
African Continent ◽  
Legal Analysis ◽  
International Human Rights ◽  
Domestic Courts ◽  
International Human ◽  
African Charter ◽  
African Commission

The African Charter on Human and Peoples’ Rights (ACHPR) is the principle regional human rights treaty for the African continent. Adopted in 1981, there is now a significant body of jurisprudence and interpretation by its African Commission on Human and Peoples’ Rights and the recently established African Court. This volume provides a comprehensive article-by-article legal analysis of the provisions of the Charter as it draws upon the documents adopted by the African Commission, including resolutions, case law, and concluding observations. Where relevant, case law adopted by the African Court on Human and Peoples’ Rights, and that of other sub-regional courts and tribunals and domestic courts in Africa, are also incorporated. The book examines not only the substantive rights in the African Charter but also the work of the African Commission on Human and Peoples’ Rights and provides a full examination of its mandate. A critical analysis of each of the provisions of the ACHPR is led principally by the jurisprudence and documentation of the African Commission and African Court. The text also identifies the overall development of the ACHPR within the broader regional and international human rights legal arena.

The Development of Economic, Social and Cultural Rights under the African Charter on Human and Peoples’ Rights by the African Commission on Human and Peoples’ Rights

2015 ◽  
Vol 4 (2) ◽  
pp. 147-193
Author(s):  
Manisuli Ssenyonjo
Keyword(s):  
Critical Analysis ◽  
Case Law ◽  
Cultural Rights ◽  
State Obligations ◽  
African Charter ◽  
African Commission

During the last thirty years the African Commission on Human and Peoples’ Rights (African Commission) has decided several communications on economic, social and cultural (esc) rights protected under the African Charter on Human and Peoples’ Rights (African Charter). While the Commission was initially reluctant to develop the content of these rights, it has since 2001 been developing, at an expanding pace, the scope, content and nature of state obligations under African Charter to respect, protect and fulfil esc rights. This article seeks to provide a critical analysis of the burgeoning case law concerning the development of esc rights by the African Commission and the legal impact thus far it has had on the enjoyment of esc rights in Africa, encompassing rights of hitherto marginalised and excluded individuals and groups, a topic which is relatively given less attention in the existing literature. The article examines the legal bases and content of key communications decided by the African Commission. Conclusions are then drawn concerning the reasons for the development of esc rights obligations by the African Commission and areas of potential clarification and expansion are identified.

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.

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.

The Continuing Jurisprudential Cross-Fertilization in the Case-Law of International Tribunals in Their Common Mission of Realization of Justice

2020 ◽  
pp. 251-258
Author(s):  
Antônio Augusto Cançado Trindade
Keyword(s):  
International Law ◽  
Case Law ◽  
Progressive Development ◽  
International Tribunals ◽  
The Law ◽  
Cross Fertilization

The continuing jurisprudential cross-fertilization by contemporary international tribunals keeps on evidencing their essentially complementary labour, and the unity of the law, in the exercise of their common mission of the realization of justice. This extends to distinct domains of international law wherein those tribunals operate. Jurisprudential cross-fertilization fosters the cohesion of law and the endeavours of contemporary international tribunals to contribute jointly to the humanization and the progressive development of international law.

scholarly journals On New ‘Judicial Animals’: The Curious Case of an African Court with Material Jurisdiction of a Global Scope

2019 ◽  
Vol 19 (2) ◽  
pp. 255-289
Author(s):  
Adamantia Rachovitsa
Keyword(s):  
Human Rights ◽  
International Law ◽  
Case Law ◽  
International Courts ◽  
African Charter

Abstract The article aims to think anew about the jurisdiction ratione materiae of the African Court on Human and Peoples’ Rights. The Court, based in Arusha, enjoys a distinctive contentious jurisdiction which extends to the interpretation and application of any other relevant human rights instrument ratified by the States concerned. The Court’s striking features set it apart from human rights bodies and most international courts. Its jurisdiction has been received with scepticism and fear arguing that, if the Court extends its jurisdiction over treaties other than the African Charter on Human and Peoples’ Rights, this will lead to jurisprudential chaos and will undermine the formation of the African corpus juris. This article discusses the case law of the Court since 2013, when the Court started functioning, and argues that these concerns are over-emphasized. The analysis underlines the shifting authority of specialized and/or regional courts; the need not to overstress but to appreciate positively instances of divergence; and the consideration of new conceptual and geographical topoi, in which international law is to be found and produced.

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.

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.

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