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 year
2011 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.
Manisuli Ssenyonjo is Senior Lecturer in Law, Brunel Law School, Centre for International and Public Law, Brunel University, London. His research interests are in areas of Public International Law and Human Rights Law particularly human rights in Africa.
The book contains twenty chapters on key human rights issues and themes in Africa, written by highly qualified human rights authors actively involved in the current teaching and practice of human rights, containing valuable insights and critical reflections. The authors consider what has been achieved since 1981, and remains to be achieved and the prospects for the future of the African human rights system. The range of opinions and perspectives, combined with the authors’ critical analysis and expertise, make this book a unique and significant contribution to the African regional human rights system.
Dr. Robert W. Eno, Deputy Registrar, African Court on Human and Peoples’ Rights, Tanzania.
Preface; Foreword: The African Human Rights System: 30 Years after the Adoption of the ACHPR; List of Contributors; List of African Court and African Commission on Human and Peoples’ Rights Cases; List of African Union Instruments; List of Abbreviations; List of Activity Reports of the African Commission on Human and Peoples’ Rights 1987-2010;
Part I: Introduction
Chapter 1 An Introduction to the Development of the African Regional Human Rights System: 30 Years after the Adoption of the African Charter on Human and Peoples’ Rights Manisuli Ssenyonjo;
Part II: Rights and Duties in the African Charter
Chapter 2 Civil and Political Rights in the African Charter Olufemi Amao;
Chapter 3 Economic, Social and Cultural Rights in the African Charter Manisuli Ssenyonjo;
Chapter 4 Group Rights under the African Charter on Human and Peoples’ Rights: Concept, Praxis and Prospects Basil Ugochukwu, Opeoluwa Badaru and Obiora Okafor;
Chapter 5 Scope of Individual Duties in the African Charter Kofi Quashigah;
Part III: Rights of the Vulnerable under the African System
Chapter 6 Women’s Human Rights in Africa Rashida Manjoo;
Chapter 7 Children’s Rights in Africa Julia Sloth-Nielsen;
Chapter 8 Rights of Refugees and Internally Displaced Persons in Africa Jamil Ddamulira Mujuzi;
Chapter 9 Rights of Indigenous Peoples in Africa George Mukundi Wachira;
Chapter 10 The Rights of Older Persons and Persons with Disabilities in Africa Yeung Kam John Yeung Sik Yuen;
Part IV: Implementation Mechanisms for Human Rights in Africa
Chapter 11 The African Commission on Human and Peoples’ Rights Magnus Killander;
Chapter 12 The African Committee of Experts on the Rights and Welfare of the Child Gina Bekker;
Chapter 13 From the African Court on Human and Peoples’ Rights to the African Court of Justice and Human Rights Prof. Githu Muigai;
Chapter 14 Human Rights Realisation in the African Sub-Regional Institutions Solomon T. Ebobrah;
Chapter 15 International Criminal Tribunals in Africa George William Mugwanya;
Chapter 16 The International Criminal Court and Africa Daniel David Ntanda Nsereko;
Chapter 17 The Protection of Women’s Human Rights by Domestic Courts in Africa: A Perspective from Uganda Manisuli Ssenyonjo;
Part V: Conclusion: Towards an Effective African Regional Human Rights System
Chapter 18 Tentative Reflections on the African Charter on Human and Peoples’ Rights Ben Chigara;
Chapter 19 Institutional Mainstreaming and Rationalisation Morris Kiwinda Mbondenyi;
Chapter 20 Strengthening the African Regional Human Rights System Manisuli Ssenyonjo;
Appendix 1 African Charter on Human and Peoples’ Rights;
Appendix 2 African Charter on the Rights and Welfare of the Child;
Appendix 3 Protocol to the African Charter on Human And Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights;
Appendix 4 Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa;
Appendix 5 Protocol on the Statute of the African Court of Justice and Human Rights;
Appendix 6 List of Countries which have signed, ratified/acceded to the Protocol on the Statute of the African Court of Justice and Human Rights as at 6 August 2010;
Selected Bibliography; Index.