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Africa and the Universality of Human Rights de Bertrand G. Ramcharan

Africa and the Universality of Human Rights: Nijhoff Law Specials, cartea 107

Autor Bertrand G. Ramcharan
en Limba Engleză Paperback – 27 iul 2022
This book argues that, notwithstanding problems encountered on the ground in some situations, African governments, peoples, and institutions have firmly endorsed the universality of human rights as defined in international human rights law. It explores the endorsement of the values of human dignity, equality, respect, and democratic governance reflected by their participation in the United Nations, the African Union, and in sub-regional organizations, as well as their adoption of stunning Democracy Charters. The African Commission and Court of Human Rights have repeatedly affirmed the universality of human rights, as have spearhead institutions such as the Constitutional Court of South Africa. The volume concludes that the fifty-four African States in the United Nations stand proudly in support of universal human rights as defined in international and African human rights law.
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Specificații

ISBN-13: 9789004520639
ISBN-10: 9004520635
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Nijhoff Law Specials

Notă biografică

Bertrand G. Ramcharan has previously carried out the functions of Director, Africa Division, UN Department of Political Affairs and UN High Commissioner for Human Rights. He wrote the first draft of what the OAU (now the AU) subsequently adopted as the institutional parts of the African Charter on Human and Peoples’ Rights.

Cuprins

Foreword

Preface

Abbreviations

1Introduction
1.1 Introduction

1.2 Corner Stones

1.3 The Peace Architecture of the African Union

1.4 Conclusion


2Africans Who Shaped Universality
2.1 Introduction

2.2 The Development of Universal Norms

2.3 Self-Determination and the Quest for Justice

2.4 Equality and Non-discrimination

2.5 Universal Implementation of Human Rights

2.6 Conclusion


3Africa, the United Nations and the Universality of Human Rights
3.1 Introduction

3.2 Obligations under International Law, the Charter and the Universal Declaration

3.3 Universality as an Idea, a Goal, and a Normative Concept
3.3.1Universality as a Goal

3.3.2Universality as a Normative Concept


3.4 The Bases of Universality
3.4.1African States’ Participation in UN Organs, such as the Human Rights Council and Its Universal Periodic Review

3.4.2Constitutional Dimension

3.4.3Legislative Dimension

3.4.4Judicial Dimension

3.4.5Institutional Dimension
3.4.5.1 Monitoring Dimension


3.4.6Cooperation under UN Human Rights Treaties


3.5 The Jurisprudence of the International Court of Justice Applicable to all Countries, Including in Africa
3.5.1Obligations Erga Omnes

3.5.2Jus Cogens

3.5.3Protection of the Right to Life

3.5.4Protection of the Environment

3.5.5The Legality of Nuclear weapons

3.5.6The Principle of the Non-use of Force

3.5.7Self-Determination

3.5.8Prevention of Genocide

3.5.9The Jurisprudence of UN Human Rights Treaty Bodies


3.6 Conclusion


4The African Commission and Court on Human and Peoples’ Rights
4.1 Introduction

4.2 The African Human Rights Commission and the Universality of Human Rights
4.2.1Protection of the Right to Life: Noah Kazingachire, John Chitsenga, Elias Chemvura and Batanai Hadzisi v. Zimbabwe

4.2.2Freedom from Torture: Gabriel Shumba v. Zimbabwe

4.2.3The Right to Liberty and Freedom from Torture: Abdel Hadi, Ali Radi and Others v. Republic of Sudan

4.2.4The Right to a Fair Trial: Hargewoin Gabre-Selassie and ihrda (on Behalf of Former Derge Officials v. Ethiopia

4.2.5The Independence of the Judiciary: Tsatsu Tsikata v. Republic of Ghana

4.2.6The Right to Property: Dino Noca v. Democratic Republic of the Congo


4.3 The African Human Rights Court and the Universality of Human Rights

4.4 The African Protection Concept
4.4.1General Obligation of the State to Respect, Protect, Promote and Fulfil Rights

4.4.2The Principle of Subsidiarity and the Margin of Appreciation

4.4.3The Responsibility to Protect

4.4.4The Responsibility to Prevent

4.4.5The Right to a Clean Environment

4.4.6The Right to Development


4.5 Conclusion


5The African Union
5.1 Introduction

5.2 African Charter on Democracy, Elections and Governance
5.2.1Democracy, Rule of Law and Human Rights

5.2.2A Culture of Democracy and Peace

5.2.3Democratic Institutions

5.2.4Democratic Elections

5.2.5Political, Economic and Social Governance

5.2.6Enforcement

5.2.7Protocol Relating to the Establishment of the Peace and Security Council of the African Union

5.2.8Preventive Diplomacy


5.4 Conclusion


6Sub-regional Institutions and Courts
6.1 Introduction

6.2 ecowas Protocol on Democracy and Good Governance (2001)

6.3 ecowas and East African Community Courts of Justice
6.3.1ecowas Community Court of Justice

6.3.2East African Community and the East African Court of Justice


6.4 igad: Democracy, Governance, Elections, Early Warning

6.5 sadc: Southern African Development Community and eccas: Economic Community of Central African States
6.5.1sadc Tribunal

6.5.2eccas: Economic Community of Central African States

6.5.3eccas: Economic Community of Central African States


6.6 Conclusion


7National Human Rights Institutions and Courts
7.1 Introduction

7.2 African National Human Rights Institutions (anhri s)

7.3 South African Constitutional Court


7.3.1Supreme Court of Kenya

7.3.2Constitutional Court of Malawi

7.4 Conclusion

8Civil Society
8.1 Introduction

8.2 Kampala Declaration of Human Rights Defenders (2009); Kampala Plan of Action for Human Rights Defenders (2019)

8.3 Harare Declaration of Human Rights 1989

8.4 Civil Society
8.4.1The Elders’ Global Commission on Elections, Democracy and Security

8.4.2Electoral Institute for Sustainable Democracy in Africa


8.5 Publicists
8.5.1An Akan Perspective on Human Rights

8.5.2The Akan Conception of a Person

8.5.3The Akan Political System

8.5.4Rights of Political Participation

8.5.5The Right to a Fair Trial

8.5.6The Right to Land

8.5.7Religious Freedom

8.5.8African Ubuntu on Human Rights


8.6 Conclusion


9Conclusion
9.1 Introduction

9.2 Grand Bay Declaration

9.3 Algiers Declaration

9.4 Conclusion


Annex i: African Charter on Human and Peoples’ Rights (Banjul Charter, 1981)

Annex ii: Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa

Annex iii: African Charter on the Rights and Welfare of the Child

Annex iv: Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of the African Court on Human and Peoples’ Rights, 1998

Annex v: au, African Charter on Democracy, Elections and Governance (2007)

Annex vi: ecowas Protocol on Democracy and Good Governance (2001)

Annex vii: oau Convention Governing the Specific Aspects of Refugee Problems in Africa

Annex viii: UN Human Rights Committee General Comment [No. 29] on Article 4 of the iccpr: States of Emergency

Bibliography

Index