The African Charter on Human and Peoples' Rights


Book Description

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.










Recueil des Cours


Book Description

The African Charter on Human Rights and Peoples ́ Rights A Legal Analysis, Emmanuel G. Bello This course of Emmanuel G. Bello, legal adviser at the ministry of justice in Harare, is devoted to a legal analysis of the African Charter on Human and Peoples' Rights, that was adopted in 1981. According to the author, the Charter on Human Rights reflects the will of member States of the OAU in their efforts to draw a distinction between the Western and Eastern functional ideologies of human rights, by including an African element in its provisions. The introduction gives a detailed historical analysis of the events leading to the final adoption of the Charter. In the second part he examines the protective measures which relate to the structure of the African Commission and its legal mandate. Emmanuel Bello next analyses the procedure for initiating petitions before the Commission and finally he examines the supervisory functions as stipulated by the Charter. Le Plateau continental dans la Convention de 1982 sur le Droit de la Mer, Vicente Marotta Rangel Vicente Marotta Rangel, Professor at the University of São Paulo, presents in this course a systematic and detailed analysis on the continental shelf as it is defined in the 1982 Convention on the Law of the Sea. After some general remarks on the Convention and on the definition of the continental shelf, the author examines first of all the role of the different factors that influence the regime of the continental shelf (geographical, economical, technological, political and strategic factors), before describing the codification of the applicable rules. Vicente Marotta Rangel also examines the continental shelf's legal regime, and finally investigates the demarcation of the boundaries of the continental shelf between neighbouring States.




Recueil des Cours


Book Description




The African Charter of Human and Peoples' Rights


Book Description

This work reveals the true dimension of the African Charter through a systematic analysis of its real or apparent innovations and a detailed assessment of the commitments of the States parties. It also analyzes the effectiveness of the mechanism put in place to monitor compliance with those commitments, examining the practice of the African Commission on Human and Peoples’ Rights from its establishment in 1987. It incorporates major recent achievements in the field of the protection of human rights in Africa, including the creation of the African Court of Human and Peoples’ Rights and the establishment of the African Union. This work is the expanded and updated English version of La Charte africaine des droits de l’homme et des peuples – Une approche juridique des droits de l’homme entre tradition et modernité (Presses Universitaires de France, Paris).




The African Charter on Human and Peoples' Rights


Book Description

This book is an in-depth study of the African Charter of Human and Peoples' Rights, written with the insight of an insider. It assesses the effectiveness of the Charter and of the African Commission on Human and Peoples' Rights in its formative years. It also compares the Charter with other major human rights instruments. The author asserts that respect for human rights made the existence of African societies possible despite the eras of gross violation. The survival of African societies, indeed their continued development, depends on respect for human rights. While conceding the universality of human rights, the author underscores African specificities and pecularities. He discusses the proper limits of `exclusively internal matters', as often claimed by African spokesmen, and puts forward the legitimate concerns of the international community as an effective check to arbitrariness and other violations. The book will be of special interest to international lawyers, law students, the judiciary and foreign office officials. The human rights activist will find it particularly useful in dealing with the African situation.







The African Regional Human Rights System


Book Description

The African human rights system has undergone some remarkable developments since the adoption of the African Charter on Human and Peoples Rights, the cornerstone of the African human rights system, in June 1981. The year2011 marked the 30th anniversary of the adoption of the African Charter. It also marked 25 years since the African Charter entered into force on 21 October 1986.This book aims to provide reflections on most of the major human rights issues in the past 30 years of the African human rights system in practice and discussion on the future: the African Charter s impact and contribution to the respect, protection and promotion of human rights in Africa; the contemporary challenges faced by the African Human rights system in responding adequately to the demands of rapidly evolving African societies; and how the African human rights system can be strengthened in the future to ensure that the human rights protected in the African Charter, as developed in the jurisprudence of the African Commission since the Commission was inaugurated in 1987, are realised in practice.The chapters in this volume bring together the work of 20 human rights scholars and practitioners, with expertise in human rights in Africa, under the following general themes: rights and duties in the African Charter; rights of the vulnerable under the African system; implementation mechanisms for human rights in Africa; and towards an effective African regional human rights system.