The African Charter of Human and People's Rights: A Comprehensive Agenda for Human Dignity And Sustainable Democracy In AfricaMartinus Nijhoff Publishers, 2003 M01 1 - 1 pages 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 modernite" (Presses Universitaires de France, Paris). |
Contents
ABBREVIATIONS | xxxi |
TABLE OF COMMUNICATIONS LODGED WITH THE AFRICAN | xli |
GENERAL INTRODUCTION | 1 |
PART ONE | 17 |
The process of developing the regulation | 35 |
Conclusion | 48 |
THE MAIN FEATURES OF THE AFRICAN CHARTER | 49 |
The normative aspect | 55 |
Determining the fundamental change of circumstances | 456 |
Derogation and the law of the international | 468 |
Conclusion | 477 |
PART THREE | 481 |
THE AFRICAN COMMISSION ON HUMAN | 485 |
Operation of the Commission | 505 |
Functions of the Commission | 518 |
The protection of human and peoples rights | 550 |
The institutional aspect | 63 |
Conclusion | 72 |
PART TWO | 73 |
The civil and political rights | 90 |
The political rights | 155 |
services Article 13 3 | 182 |
Conclusion | 199 |
OLD CONCEPTS AND | 203 |
What may be inferred | 209 |
The rights of freedom | 215 |
to existence in Article 20 | 222 |
The rights of peoples to freely dispose of their | 269 |
The collective rights of solidarity | 289 |
The right to the common heritage of mankind | 321 |
The right to peace and security | 333 |
The right to a satisfactory environment | 353 |
Conclusion | 372 |
MUCH ADO ABOUT | 377 |
The legal content of the duties of the individual laid | 401 |
The duties to the State and other legally | 409 |
The legal scope of the special duties | 416 |
CHAPTER VI DEROGATION FROM THE PROVISIONS OF THE AFRICAN | 423 |
Derogation and rights limitation clauses | 429 |
Derogation and the law of treaties | 438 |
derogation | 444 |
The interpretation of the African Charter | 563 |
Procedure before the Commission | 570 |
Procedure relating to other communications | 584 |
The outcome of the two types of procedure | 646 |
Conclusion | 658 |
2 Quorum and votes | 671 |
Organization of the Court | 696 |
Bureau | 703 |
Functions of the Court | 710 |
Advisory Function | 748 |
Conclusion | 755 |
GENERAL CONCLUSION | 757 |
The adaptation of the African Charter to its environment | 778 |
3 Decisions | 782 |
POSTSCRIPT by Mr Kamel RezagBara | 801 |
Rules of procedure of the African Commission | 827 |
Protocol to the African Charter on the establishment | 867 |
Constitutive Act of the African Union | 879 |
Diagram of the procedure before the African | 897 |
Table of communications lodged with the African | 907 |
919 | |
965 | |
970 | |
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The African Charter on Human and Peoples' Rights: A Comprehensive Agenda for ... Fatsah Ouguergouz No preview available - 2003 |
Common terms and phrases
Addis Ababa adopted African Charter African Commission African Court African Union African Unity American Convention Amnesty International Annual Report Article 12 Article 20 Assembly of Heads Banjul Burundi Charter on Human Civil and Political Commission on Human Commission's Communication concept concerned Conference considered Convention on Human countries December decision Declaration of Human derogation Draft Droits de l'Homme duties economic Ethiopia European Convention example fundamental Government guaranteed ibid individual instrument Inter-American Interafricaine des Droits International Law International Law Commission International Pen interpretation jurisdiction Jurists Malawi Mauritania Nations Covenant Nigeria non-governmental organizations OAU DOC obligations Ordinary Session Organisation Organization of African paragraph paras parties Political Rights Preamble principle protection of human Protocol provision recognized relating resolution respect right to development rights and freedoms Rules of Procedure Rwanda second Covenant Secretary-General self-determination Senegal supra Togo treaty Union Interafricaine United Nations Covenant Universal Declaration Zaire Zambia