A Proposal for the Effective Implementation of the Protective Mandate of the African Commission on Human and Peoples’ Rights
In: African Journal of Legal StudiesSearch for other papers by Allwell Uwazuruike in
Current site
Google Scholar
Abstract
The African Charter on Human and Peoples’ Rights ushered in an era of human rights promotion and protection at the regional level. However, the African Commission, created for this purpose, continues to face challenges especially with regard to the protection of human rights. This article critically examines one of the core obstacles to the effective operation of the Commission’s protective mandate – the binding nature of its recommendations – and formulates a proposal for bypassing that obstacle. It argues for the strengthening of the Commission’s protective mandate through a distinct and unambivalent adoption of the Commission’s rulings as official decisions of the AU Assembly backed by the concomitant full sanctioning power of the latter. Such adoption, it is argued, must go beyond the current near ceremonious practice whereby the Assembly receives and ‘adopts’ the Commission’s Activity Reports and focus on the recommendations themselves. Adopting this new system, it is argued, will strengthen and add meaning to the Commission’s protective mandate and further project the status of human rights across the continent.
Purchase
Buy instant access (PDF download and unlimited online access):
Institutional Login
Log in with Open Athens, Shibboleth, or your institutional credentials
Personal login
Log in with your brill.com account
| All Time | Past Year | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 221 | 32 | 2 |
| Full Text Views | 18 | 3 | 0 |
| PDF Views & Downloads | 40 | 11 | 0 |
A Proposal for the Effective Implementation of the Protective Mandate of the African Commission on Human and Peoples’ Rights
In: African Journal of Legal StudiesSearch for other papers by Allwell Uwazuruike in
Current site
Google Scholar
PubMed
Abstract
The African Charter on Human and Peoples’ Rights ushered in an era of human rights promotion and protection at the regional level. However, the African Commission, created for this purpose, continues to face challenges especially with regard to the protection of human rights. This article critically examines one of the core obstacles to the effective operation of the Commission’s protective mandate – the binding nature of its recommendations – and formulates a proposal for bypassing that obstacle. It argues for the strengthening of the Commission’s protective mandate through a distinct and unambivalent adoption of the Commission’s rulings as official decisions of the AU Assembly backed by the concomitant full sanctioning power of the latter. Such adoption, it is argued, must go beyond the current near ceremonious practice whereby the Assembly receives and ‘adopts’ the Commission’s Activity Reports and focus on the recommendations themselves. Adopting this new system, it is argued, will strengthen and add meaning to the Commission’s protective mandate and further project the status of human rights across the continent.
| All Time | Past Year | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 221 | 32 | 2 |
| Full Text Views | 18 | 3 | 0 |
| PDF Views & Downloads | 40 | 11 | 0 |