Papers by Michael G Nyarko
African Human Rights Law Journal, 2015
The year 2014 saw the adoption by the AU Assembly of a protocol providing the African Court with ... more The year 2014 saw the adoption by the AU Assembly of a protocol providing the African Court with jurisdiction over international crimes, and a revised protocol on the Pan-African Parliament providing it with power to adopt 'model legislation'. With regard to implementation, the Ebola epidemic in West Africa affected the effective functioning of, in particular, the African Commission. However, despite this and other challenges, the African Commission adopted important normative instruments, such as a resolution on the basis of sexual orientation or gender identity, responded to violations through urgent appeals and press releases, and engaged with states through missions and the state reporting procedure. The Commission also adopted some interesting jurisprudence in the period under review. The African Children's Rights Committee consolidated its position as the main regional body for the protection of children's rights in Africa. The African Court received an increasing number of cases and handed down two judgments on merits and an advisory opinion.
Chinese Journal of Environmental Law, 2019
Scarce environmental and natural resources, such as minerals and water, are traditional origins o... more Scarce environmental and natural resources, such as minerals and water, are traditional origins of armed conflicts in Africa. There are persuasive and wide-ranging claims to the effect that environmental degradation will intensify resource scarcity and consequently contribute to an increase in armed conflict. Existing studies show that most governments in Africa overexploit valuable natural resources such as diamonds, oil and timber to finance war, without regard to environmental protection. Environmental protection during armed conflict has therefore gradually gained significant attention at international, national and regional levels. This article explores how regional laws could fill gaps in the international legal frameworks for the protection of the environment and natural resources in the context of armed conflicts in Africa. It considers the extent to which the enforceable content of regional and international norms apply to environmental damage in times of armed conflict and...
African Journal of Legal Studies
The adoption of the Convention on the Rights of the Child (CRC) in 1989 marked an important step ... more The adoption of the Convention on the Rights of the Child (CRC) in 1989 marked an important step towards the ‘legal recognition and protection of the rights of children’. The inadequacies of the CRC regarding some issues peculiar to the African child, however, led to the adoption of the African Charter on the Rights and Welfare of the Child (ACRWC or African Children’s Charter) in 1990, to complement the CRC and provide protection to children in peculiar African realities. The desired effects of the Charter will, however, only be achieved if its provisions are diligently implemented. Based on desk research and semi-structured interviews, this article discusses the implementation of the ACRWC in Egypt, highlighting the legislative and other measures adopted by Egypt to implement the provisions of the ACRWC. It also considers the role of the African Committee of Experts on the Rights and Welfare of the Child (African Children’s Committee) in ensuring implementation of the ACRWC in Egy...
This brief overview of selected developments in human rights and democratisation in sub-Saharan A... more This brief overview of selected developments in human rights and democratisation in sub-Saharan Africa during 2016 paints an uneven picture of progress, stagnation and retrogression at the global, regional and national levels. The contribution discusses elections held in 2016 and pertinent jurisprudence on elections and electoral management bodies during the year; accountability for mass atrocities; LGBTI rights; women' s rights; and protests and internet shutdowns. As far as elections were concerned, many were free and fair and led to democratic changes of government, while others were manipulated by incumbents to maintain their stay in power. In terms of jurisprudence in support of democracy, the African Court delivered an important judgment against Côte d'Ivoire on the need to ensure the fair composition of electoral management bodies. With regard to accountability for mass atrocities, the African Union' s onslaught against the International Criminal Court started yielding results, with Burundi, The Gambia and South Africa withdrawing their membership of the ICC, even though The Gambia and South Africa have subsequently revoked their withdrawals. On a positive note, the Extraordinary African Chambers convicted and sentenced former Chad dictator, Hissène Habré, to life imprisonment for atrocities committed between 1982 and 1990. With regard to LGBTI rights, even though the national executive continues to be an impediment, national courts are increasingly taking on the mantle of protecting LGBTI rights, especially in respect of the right to freedom of association and assembly. While the realisation of women' s rights continues to face significant challenges at the national level, the AU showed encouraging signs of its commitment to gender equality, especially in a decision by the AU Assembly to only elect female judges to the African Court in order to ensure the gender balance of the Court. As far as protests are concerned, many states used internet shutdowns as a means of silencing dissent, especially during elections and protests that infringed on rights such as freedom of association, expression and assembly, in addition to substantial financial consequences.
During the year 2016 several significant normative developments were recorded in the African huma... more During the year 2016 several significant normative developments were recorded in the African human rights system. The Protocol to the African Charter on Human and Peoples' Rights on the Rights of Older Persons in Africa was adopted but is yet to be ratified by any member state. The African Court delivered three merit decisions dealing with the right to fair trial and the right to political participation: a judgment on reparations; one ruling on jurisdiction; and one ruling on a review application. Despite this positive outlook, Rwanda's withdrawal of its article 34(6) declaration allowing direct access by individuals and NGOs posed a real challenge to the Court's legitimacy in cases with sensitive political implications. Both the African Commission and African Children's Committee made progress on the examination of state reports. As far as communications are concerned, the African Commission delivered seven merit decisions, while the African Children's Committee delivered two decisions on the merits and one ruling on admissibility. The African Children's Committee's decision on the age of childhood in Malawi, which was reached through an amicable settlement, led to constitutional amendments increasing the HUMAN RIGHTS DEVELOPMENTS IN THE AFRICAN UNION DURING 2016 295 age of adulthood from 16 to 18 years. Finally, the trial and conviction of former Chadian dictator, Hissène Habré, by the Extraordinary African Chambers served as a breath of fresh air in the fight against impunity for human rights violations in Africa.
This paper assesses the impact of the African Charter and Maputo Protocol in Ghana
The paper discusses the right to property from the perspective of International Human Rights Law ... more The paper discusses the right to property from the perspective of International Human Rights Law with emphasis on procedural safeguards during a State's use of its power of eminent domain to compulsorily acquire land. Special emphasis also placed on regional efforts at consolidating the right to property in the African Human Rights system. The paper argues that International Human Rights Law provides rather limited protection for the right to property with the rules mostly favouring the rights of indigenous peoples to their ancestral lands. Similar protection is however not extended to many other customary communities in Africa who are subject to similar systems of customary land tenure like indigenous peoples and faces similar land title insecurity risks. It proposes that African Communities subject to customary land tenure systems should enjoy same protection of their lands as indigenous peoples. The paper then reviews the laws and policies governing the right to property and compulsory land acquisition in Ghana and evaluates their conformity with International and Regional Human Rights positions on the right to property as well as emerging international best practice in compulsory land acquisition.
Books by Michael G Nyarko
Ghana was the first country in sub-Saharan Africa to gain independence and played a critical role... more Ghana was the first country in sub-Saharan Africa to gain independence and played a critical role in the political transformation and regional integration in Africa. Over the years, Ghana has transformed from one-party state through military rule to multiparty democracy. Since independence, despite internal challenges, Ghana continues to play a critical transformational role on the African continent. This influence has been reinvigorated since the emergence of the concept of African Renaissance and adoption of the ‘African solutions for African problems’ mantra in the early 2000s. On 6 March 2017, Ghana celebrated its 60th anniversary of independence from colonial rule. Current circumstances in Ghana and Africa reinforce the argument that democracy and the rule of law are maintained by vigilance and involvement of the people. In this regard, this edited volume audited some of the issues relating to the state of human rights standards and compliance, democratic consolidation and development in Ghana as well as to bring forward how Ghana has contributed to the political, economic, cultural and ideological development in Africa.
Through a human rights-based approach to governance and socio-economic development, the book examines the experiences of Ghana, selected experiences of other African countries and the African Union in advancing good governance and human rights over the years, on the journey to attain shared prosperity for all. The book takes stock of major developments in the areas of political and civil rights as well as economic, social and cultural rights in Africa, the changing nature of democratisation, regional integration and pan-Africanism, and the ways in which the African Union policies may impact differently on governance and human rights on the continent.
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Papers by Michael G Nyarko
Books by Michael G Nyarko
Through a human rights-based approach to governance and socio-economic development, the book examines the experiences of Ghana, selected experiences of other African countries and the African Union in advancing good governance and human rights over the years, on the journey to attain shared prosperity for all. The book takes stock of major developments in the areas of political and civil rights as well as economic, social and cultural rights in Africa, the changing nature of democratisation, regional integration and pan-Africanism, and the ways in which the African Union policies may impact differently on governance and human rights on the continent.
Through a human rights-based approach to governance and socio-economic development, the book examines the experiences of Ghana, selected experiences of other African countries and the African Union in advancing good governance and human rights over the years, on the journey to attain shared prosperity for all. The book takes stock of major developments in the areas of political and civil rights as well as economic, social and cultural rights in Africa, the changing nature of democratisation, regional integration and pan-Africanism, and the ways in which the African Union policies may impact differently on governance and human rights on the continent.