THE AFRICAN CHAPTER ON HUMAN AND PEOPLES' RIGHTS
John O . Omligbe2023
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Abstract
This paper considered the views of Some human rights scholars who considered the African Chapter on Human and Peoples' Rights' as a failure, especially its coverage on civil and political rights to be inadequate as a regional Framework. For example, the right to privacy or a right against forced or compulsory labour are not explicitly recognized. The provisions
Key takeaways
- A protocol to the Charter was subsequently adopted in 1998 whereby an African Court on Human and Peoples' Rights was to be created.
- The function of the African Commission will be outlined as well as the roles and relationship between the institutions that aid in the implementation of the Charter.
- For its Advisory Jurisdiction, the Court may, at the request of a Member State of the African Union (AU), the AU, any of its organs or any African organization recognized by the AU, give an opinion on any other legal matter relating to the Charter or any other relevant human rights instruments, provided that the subject matter of the opinion is not related to a matter being examined by the Commission.
- successfully implement the Charter and augment its role in shaping a human rights culture, there is needs to be a clear distinction and demarcation of powers between the institution that protects human rights and the institution that promotes human rights.
- The claim that the Court's Contentious Jurisdiction applies to all cases and disputes submitted to it in respect of the interpretation and application of the African Charter on Human and Peoples' Rights, (the Charter), the Protocol and any other relevant human rights instrument ratified by the States concerned have been seen to exist in media and not in reality.
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The root of most Human Rights discussions in Africa stems from the input of the west. This tracing of everything human right in Africa to sources outside Africa gives the impression that the idea of the better morality, better religion, better idea of right as distinct from wrong and better idea of human rights was introduced by foreign forces into our “barbaric practice and tradition”. The writer as a prelude to our discussion will be examining the concepts "Africa" and “human rights”, going further to refute the erroneous assertion as evidenced supra that human rights is a relatively new concept to Africa, concluding the discussion with a subtle outlook of the African Charter.
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https://journal.unwira.ac.id/index.php/LUMENVERITATIS, 2020
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