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.

Over the past sixty years the regional human rights systems have surpassed the UN human rights bodies in affording protection to the victims of human rights violations. Most of these systems have courts that are empowered to issue legally binding judgments and reparations for violations of human rights, which states have been unwilling to accord the UN system. The essays selected for this volume examine the structure and functioning of the principal regional human rights systems in the world today: 1) the Inter-American Commission and Court of Human Rights, 2) the European Court of Human Rights, 3) the African Commission and Court of Human and Peoples’ Rights and 4) the ASEAN Intergovernmental Human Rights Commission. These systems guarantee primarily civil and political rights. Central to all four systems is the necessity of a democratic form of government to guarantee these rights, although not all governments, parties to these regional treaties, are democracies. These articles trace the history of these systems, in particular, the expansion of their membership to include almost all independent countries in the region, and their evolution towards recognition of a 'right to democracy'.

Asia is the only area in the world that does not have a human rights court or commission covering the region as a whole. However, a close look at recent developments in the region, especially in East Asia, shows that a human rights system is emerging. Various activities and initiatives for human rights cooperation are developing in Asia at the regional, sub-regional and national levels. Since the establishment of the ASEAN human rights body (AICHR) in 2009, the need for a review of the regional human rights mechanisms in Asia is stronger than ever. With a primary focus on twenty-three East Asian states, Tae-Ung Baik highlights the significant changes that have taken place in recent decades and demonstrates that the constituent elements of a human rights system (norms, institutions and modes of implementation) are developing in Asia.

As of the end of 2015, there were 40.8 civilians who had been internally displaced by conflicts and effects of natural disasters in various parts of the world. Internally displaced persons (IDPs) are currently the largest group of persons receiving assistance from some of the main international humanitarian organisations. With the largest concentration of internally displaced persons (IDPs), the African continent has been the worst affected region. While previously IDPs have largely been neglected under international law, the first-ever continental binding treaty on internal displacement, the African Union Convention on the Protection of and Assistance to Internally Displaced Persons (the Kampala Convention), entered into force on 6 December 2012. As of January 2016, 25 states have ratified the instrument while 40 states have become signatories. This book significantly contributes to the study, policy making and practice on managing internal displacement by presenting the first major systematic examination of the evolution, elements and implementation of the Kampala Convention. It explores the responsibility of the state for the protection of IDPs particularly those who are most vulnerable during armed conflicts, internal strife, natural disasters, human rights violations and other circumstances. The status of ratification of the Convention is reviewed as well as the steps currently being undertaken by governments to implement the Convention. It also analyses the contribution by human rights mechanisms, inter-governmental bodies and UN peace-keeping missions in the implementation of the Convention. The book casts the Kampala Convention in broader institutional and normative developments in Africa and beyond. It demonstrates how concepts such as ‘responsibility to protect’ and ‘sovereignty as responsibility’ have begun to make inroads; influencing some of the more progressive instruments adopted by the African Union. It also sheds light on the relationship between the Convention and some regional instruments. In assessing the effectiveness of the Kampala Convention Allehone Abebe argues that the link between the Convention and initiatives on development, human rights and governance in Africa should be fully fostered.

The author argues that although the Universal Declaration of Human Rights and the role the United Nations plays in promoting global awareness of human rights has had a positive influence in Africa, their institutional, financial and political impediments undercut the ability of a global system to address adequately the crisis in human rights violations occurring in Africa today. Using case studies from South Africa and Uganda, past difficulties in addressing human rights problems are analyzed and recommendations made for future methodologies including the creation of an African Court of Human and Peoples' Rights. Published under the Transnational Publishers imprint.

Seminar paper from the year 2014 in the subject Politics - Topic: Public International Law and Human Rights, grade: 1,0, University of Geneva, language: English, abstract: Ten years after the establishment of the African Court of Human and Peoples’ Rights, the question arises how the Court has dealt with human rights issues so far. By analyzing the behavior of the Court in its case law, this paper shall examine the contribution of the African Court to the development of human rights in Africa and what its prospects might be. This paper will emphasize the procedural problems that Art 34(6) of the Protocol represents concerning the access of African citizens to the Court and how the case law on this issue evidences the conflict between state sovereignty and human rights on the African continent, and the Court’s difficult position in trying to reconcile them. Furthermore, the paper will provide an overview of the case law of the Court on human rights issues. On the one hand, the Court’s decisions highlight a serious confusion among the population concerning the Court’s role, showing that the Court is often considered to be an appellate organ that deals with ordinary civil law matters. On the other hand, however, once the Court comes to decide, it is capable of taking a liberal approach concerning political rights. Based on this case law, the paper will provide some main conclusions and give an outlook on the future of the Court.

This book examines the role that human rights plays in the development of regional organizations. It looks at the question of what human rights obligations states assume upon joining regional bodies and how regional concern with human rights intersects with the global system elaborated in the context of the United Nations.

"This Compendium contains key documents relating to human rights adopted by the African Union (including NEPAD) and its predecessor, the Organization of African Unity. It also includes a selection of decisions and resolutions of the African Commission on Human and People's Rights. For the third edition of the Compendium has been updated to May 2007"--Back cover