Contributors join together in this tenth ACLARS volume to propose a framing of human rights in terms of African conceptions of human dignity. Following on the signing of the Punta del Este and Botswana Declarations of Human Dignity for Everyone Everywhere in 2018 and 2023, contributors discuss human dignity as an African and indigenous concept grounded in relationship, community, and an overarching ethic of Ubuntu. Chapters further explore human dignity’s many meanings and relation to other rights in the African context, as well as human dignity’s connection to basic human needs, state obligations, religion and theology, gender and age, and the environment.

Part III: NGOs and struggles for human rights

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.

The African Charter on Human and Peoples' Rights (ACHPR) was the first non-Western declaration of human rights. This book, for the first time, presents a comprehensive account of the development of the ACHPR, key to a proper understanding of its fundamental nature. Volume 1 outlines the dominant African political and cultural ideas upon which the OAU (now African Union) was founded. Volume 2 describes the process through which the ACHPR came into being.

This book deals with two interconnected yet often forgotten realities of the constitutional order in Africa: first, the ‘foreign affairs power’ that gives the specific organs of the State the capacity to create and empower universal, regional and sub-regional governance and judicial structures. Secondly, the ‘international judicial function in Africa’, with a specific focus on the African Court on Human and Peoples’ Rights and the upcoming merger with the African Court of Justice to form one court: The African Court of Justice and Human and Peoples’ Rights.

Justice and Human Rights in the African Imagination is an interdisciplinary reading of justice in literary texts and memoirs, films, and social anthropological texts in postcolonial Africa. Inspired by Nelson Mandela and South Africa’s robust achievements in human rights, this book argues that the notion of restorative justice is integral to the proper functioning of participatory democracy and belongs to the moral architecture of any decent society. Focusing on the efforts by African writers, scholars, artists, and activists to build flourishing communities, the author discusses various quests for justice such as environmental justice, social justice, intimate justice, and restorative justice. It discusses in particular ecological violence, human rights abuses such as witchcraft accusations, the plight of people affected by disability, homophobia, misogyny, and sex trafficking, and forgiveness. This book will be of interest to scholars of African literature and films, literature and human rights, and literature and the environment.

Landmark study of the African Charter on Human and Peoples' Rights. Documents on one side the international community's inability to foist a human rights system upon Africa and on the other the process within the OAU (now African Union) that eventually brought it into being and determined its content. The African Charter on Human and Peoples' Rights (ACHPR), which was proposed in 1979, adopted in 1981 and came into effect in 1986, was the first non-Western declaration of human rights and the first official statement of an African human rights perspective. With Africa largely absent in 1948 when the Universal Declaration of Human Rights (UDHR) was adopted, it stands in stark historical reproach to the Western conception of universal human rights as a pivotal document in the decolonisation of the continent. This book, for the first time, presents a comprehensive account of the development of the ACHPR, which is key to a proper understanding of its fundamental nature. Through documenting its process of construction, it becomes possible to understand how Africans themselves understood the process and the issues involved and how the ACHPR became a political text asserted by African leaders and not a continuum of a so-called universal human rights tradition. The result is a radical repositioning of the underlying context of the ACHPR, one of the most important documents in modern African history, of how it came to be and how it should therefore be understood. Volume 2 describes the process through which the ACHPR came into being. Analysing the role of Western governments, the UN and NGOs, it shows that, contrary to the prevailing view of African human rights commentators, their influence was limited and at times counter-productive. That, in fact, the formulation of the ACHPR was a profoundly political process that was primarily a product of an African desire to instigate its own human rights perspective as a counter to the human rights universalism advanced by the Western post-war human rights tradition.

"The successor to International human rights in context: law, politics and morals."

This book critically examines the civil, political, socioeconomic, and group rights protected under the African Charter and its Protocol on women’s rights. It then examines the institutional protection of these rights through the African Commission and African Court. The book builds on the concept of regionalism within Africa and the recent drive for finding “African solutions to African problems” by tracing the development of human rights within Africa and assessing the effectiveness of Africa’s core regional human rights institutions. In turn, it critically analyses the obstacles to the full implementation of human rights in Africa such as the lack of political will, jurisdictional issues, lack of resources and funding, poverty, illiteracy, corruption, and customary practices that violate human rights. In closing, the book discusses possible solutions to these problems.

The collection of chapters contained in this book originates from the first Raoul Wallenberg Institute Regional Africa Academic Network Conference held at the University of Zimbabwe, Harare, Zimbabwe in October 2022. The main aim of this book is to advance an understanding of the way Africa regional and sub-regional human rights systems contribute to access to justice on the continent and to generate further knowledge about the institutions that make up the African human rights adjudication system, the African Court on Human and Peoples’ Rights, the African Commission on Human and Peoples’ Rights, the African Committee of Experts on the Rights and Welfare of the Child and sub-regional courts, such as the Economic Community of West African States Community Court of Justice.