The African Human Rights System: Its Laws, Practice, and Institutions

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Martinus Nijhoff Publishers, Dec 11, 2001 - Law - 443 pages
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This volume is a comprehensive treatment of the African human rights system in terms of the laws, practice, and institutions of the system. The volume discusses, analyzes, and evaluates normative instruments of the African system: the Charter of the Organization of the African Unity (OAU), and the African Charter on Human and Peoples' Rights, presenting article-by-article analysis of its provisions and those of the Protocol on the Establishment of the African Court on Human and Peoples' Rights. Similarly the OAU (now the African Union), the African Commission on Human and Peoples' Rights, and the proposed African Court on Human Rights, as institutions of the system, are discussed. The book emphasizes a comparative approach and presents a summary of the UN, the European and the Inter-American human rights mechanisms with regard to their impact on the African system. The role of NGOs in the African system is also considered, as well as the controversial issue of human rights in pre-colonial and colonial Africa.
 

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Contents

BACKGROUND TO HUMAN RIGHTS IN AFRICA
7
HUMAN RIGHTS IN COLONIAL AFRICA
17
THE UNITED NATIONS AND HUMAN RIGHTS
30
OTHER REGIONAL HUMAN RIGHTS SYSTEMS
43
THE ORGANIZATION OF AFRICAN UNITY OAU AND HUMAN RIGHTS
67
NORMATIVE INSTRUMENTS OF THE AFRICAN HUMAN RIGHTS
75
THE AFRICAN CHARTER ON HUMAN AND PEOPLES RIGHTS
82
OTHER HUMAN RIGHTS INSTRUMENTS
158
RELATIONSHIP BETWEEN THE COURT AND THE COMMISSION
261
JURISDICTION AND ACCESS TO THE COURT
263
APPLICABLE LAW AND CONSIDERATION OF CASES
276
ORGANIZATION OF THE COURT
282
JUDICIAL AND SUNDRY EMPOWERMENT OF THE COURT
291
RATIFICATION ENTRY INTO FORCE AND AMENDMENT OF THE PROTOCOL
305
NONGOVERNMENTAL HUMAN RIGHTS ORGANIZATIONS AND
309
STATUS OF NGOs UNDER THE AFRICAN CHARTER
311

CLAWBACK CLAUSES UNDER THE CHARTER
165
INSTITUTIONAL STRUCTURE OF THE AFRICAN HUMAN RIGHTS
169
PROCEDURES OF THE AFRICAN COMMISSION
187
THE COMMUNICATIONS PROCEDURE
198
REMEDY UNDER THE CHARTER
236
REFORMING THE AFRICAN HUMAN RIGHTS SYSTEM
243
THE DEBATE ON AN AFRICAN COURT OF HUMAN RIGHTS
249
THE MAKING OF THE AFRICAN COURT ON HUMAN AND PEOPLES RIGHTS
255
THE PROTOCOL ON THE ESTABLISHMENT OF AN AFRICAN COURT
258
THE PLACE OF NGOs UNDER THE PROTOCOL ON THE AFRICAN COURT
317
CONCLUSIONS
325
The Charter of the OAU
355
The Constitutive Act of the African Union
363
The African Charter on Human and Peoples Rights
379
The Rules of Procedure of the African Commission
397
The Protocol on the Establishment of an African Court for Human
427
INDEX
437
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