Single title
To protect the inviolability of human dignity worldwide is the ultimate objective of the concept of human rights. Human rights are considered and officially accepted as universal – regardless of their genesis or cultural manifestation. History and experience show, however, that respect for the dignity and rights of human beings cannot be taken for granted: they must be constantly nurtured and vigorously guarded. It is against this background that this publication evolved. Its contents stem from the conviction that, amongst several means, legal instruments and institutions can contribute to the advancement of human rights.
Human rights as a legal concept arrived in Africa relatively late.The United Nations System, international law and the African Union have certainly all contributed to the establishment of a human rights system in Africa, which has positively and indispensably impacted on the advancement of human rights and of justice. Yet some of the promises made about such rights being guaranteed under global, continental, regional and national legal instruments have remained unfulfilled.
Therefore, this publication on human rights on the continent tries to capture the current status, development and transformation of the African human rights protection system. It elaborates on the various legal instruments, institutions and mechanisms at its disposal. The 12 articles summarise the achievements gained and challenges faced when it comes to respecting human rights in Africa, including all aspects of the effectiveness of the protection system and its implementation.
The publication is also a tribute to the increasing significance of human rights as a policy issue in Africa, and as a primary component of global regulatory policy and global governance.
| Foreword Desmond Tutu | v |
| Introduction Anton Bösl and Joseph Diescho | vii |
| List of contributors | xiii |
| List of abbreviations | xxi |
| Section I The Paradigm of Human Rights and its Relevance for Africa | |
| Human rights between universalism and cultural relativism? The need for anthropological jurisprudence in the globalising world Manfred O Hinz | 3 |
| The universal in the Universal Declaration of Human Rights | 3 |
| Human rights in legal anthropological perspective and the need foranthropological jurisprudence | 7 |
| Conclusion | 26 |
| Transitional justice and human rights in Africa Charles Villa-Vicencio | 33 |
| Introduction | 33 |
| Transitional justice | 35 |
| African traditional justice systems | 37 |
| Transitional justice in Africa | 46 |
| Human rights education in Africa Nico Horn | 53 |
| Introduction: Human rights education in the context of the United Nations | 53 |
| Africa and the UN system | 57 |
| The African Charter on Human and Peoples’ Rights | 59 |
| The road to the Decade for Human Rights Education | 61 |
| The UN Decade for Human Rights Education justice in Africa | 62 |
| Human rights after the UN Decade for Human Rights Education | 71 |
| World Programme for Human Rights Education | 74 |
| Final comments | 75 |
| Section II The International Justice System and Human Rights in Africa | |
| The United Nations and the advancement of human rights in Africa Wilfred Nderitu | 81 |
| Abstract | 81 |
| Introduction | 81 |
| Defining poverty as a human rights issue | 83 |
| Synergy between the efforts of different international institutions and other actorsin the fight against poverty | 91 |
| Responsibility of the State in poverty alleviation from a juristic perspective | 98 |
| Conclusion | 101 |
| International criminal justice and the protection of human rights in Africa Francois-Xavier Bangamwabo | 105 |
| Introduction | 105 |
| The UN International Criminal Tribunal for Rwanda – ICTR | 106 |
| The Special Court for Sierra Leone – SCSL | 112 |
| The International Criminal Court – ICC | 117 |
| Conclusion | 128 |
| Section III The African Union and the Regional Protection of Human Rights | |
| The African Union: Concepts and implementation mechanisms relating to humanrights Bience Gawanas | 135 |
| Introduction | 135 |
| OAU to AU: A brief overview | 136 |
| Key issues | 140 |
| Strategies for enhancing human rights protection and promotion | 155 |
| Conclusion | 160 |
| Major African legal instruments and human rights Sheila B Keetharuth | 163 |
| Introduction | 163 |
| The African Charter on Human and Peoples’ Rights | 166 |
| Protocol to the African Charter on Human and Peoples’ Rights on the Rights ofWomen in Africa | 180 |
| Declaration of Principles on Freedom of Expression in Africa | 188 |
| Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa | 194 |
| The African Charter on the Rights and Welfare of the Child | 201 |
| The OAU Convention Governing the Specific Aspects of Refugee Problems in Africa | 208 |
| The Draft African Union Convention on the Protection and Assistance forInternally Displaced Persons in Africa | 209 |
| The African Charter and the protection of refugees through communications beforethe African Commission | 215 |
| The AU Convention on Preventing and Combating Corruption | 217 |
| Conclusion | 224 |
| African courts on human rights and the African Commission Michelo Hansungule | 233 |
| Introduction | 233 |
| Evolution of the justice architecture in the AU | 234 |
| The African Court of Justice and Human Rights | 237 |
| The African Commission on Human and Peoples’ Rights | 248 |
| Conclusion | 269 |
| Section IV Subregional Human-Rights-Related Institutions in Africa | |
| Regional economic communities and human rights in East and southern Africa Oliver C Ruppel | 275 |
| Introduction | 275 |
| Regional economic communities in East and southern Africa | 284 |
| Concluding remarks | 314 |
| Regional economic communities and human rights in West Africa and the African Arabic countries Enyinna S Nwauche | 319 |
| Introduction | 319 |
| West African countries | 320 |
| African Arabic countries | 338 |
| Concluding remarks | 346 |
| Section V National Human Rights Institutions in Africa | |
| Human Rights Commissions in Africa – Lessons and challenges Chris Maina Peter | 351 |
| Introduction – Implementing human rights | 351 |
| National human rights institutions in Africa | 352 |
| A sample of NHRIs on the continent | 353 |
| Lessons and opportunities from human rights institutions in Africa | 369 |
| Challenges faced by human rights institutions in Africa | 369 |
| Conclusion | 370 |
| Can Truth Commissions in Africa deliver justice? Dumisa Buhle Ntsebeza | 375 |
| Introduction | 375 |
| Why a Truth Commission? | 378 |
| The notion of justice | 379 |
| Truth Commissions in Africa: Will they deliver justice – any justice? | 382 |
| Ubuntu | 383 |
| Case study – Sudan | 385 |
| Findings of the Commission | 385 |
| Conclusion | 386 |
| Appendix | |
| African (Banjul) Charter on Human and Peoples’ Rights | 389 |
