International human rights and their enforcement in Africa / Morris Kiwinda Mbondenyi.
2011
KQC572 .M39 2011 (Map It)
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Items
Details
Author
Title
International human rights and their enforcement in Africa / Morris Kiwinda Mbondenyi.
Published
Nairobi, Kenya : LawAfrica Pub., [2011]
Copyright
©2011
Call Number
KQC572 .M39 2011
Former Call Number
Af 908.5 M4597 2011
ISBN
9966153241
9789966153241
9789966153241
Description
xxxiii, 496 pages ; 21 cm
System Control No.
(OCoLC)774212673
Bibliography, etc. Note
Includes bibliographical references (pages [465]-496).
Record Appears in
Table of Contents
Dedication
xiii
Acknowledgements
xv
Preface
xvii
List of Acronyms
xix
Table of Cases
xxiii
Table of Statutes
xxxi
Introduction
1
pt. I
Philosophical and Historical Backgrounds of Human Rights in Africa
ch. 1
A Review of the Concept and Philosophy of Human Rights
1.1.
Definition, Classification and Scope of Human Rights
14
1.1.1.
Definition of Human Rights
14
1.1.2.
Classification of Human Rights
19
1.1.3.
Scope of Human Rights
21
1.2.
Philosophical Foundations of Human Rights
23
1.2.1.
Natural Law (Rights) Theory
24
1.2.2.
Positivist Theory
28
1.2.3.
Marxist Theory
31
1.3.
Internationalisation of Human Rights
33
ch. 2
Human Rights in Africa
2.1.
Human Rights in Pre-colonial Africa
47
2.1.1.
The Nature of Africa's Pre-colonial Societies
49
2.1.2.
Arguments on the Existence of Human Rights in Pre-colonial Africa
55
2.1.3.
The African Concept of Human Rights
63
2.2.
The Status of Human Rights in Africa during the Slave Trade Period
75
2.3.
Human Rights in Colonial Africa
78
2.3.1.
The Status of Human Rights under the Indirect-rule System
79
2.3.2.
The Status of Human Rights under the Direct-rule/Paternalism System
81
2.3.3.
The Status of Human Rights under the Assimilation System
82
2.4.
Human Rights in Post-colonial Africa
85
ch. 3
Historical Dimensions of the African System on Human and Peoples' Rights
3.1.
The Emergence and Role of the OAU in Human Rights Protection in Africa
98
3.2.
The Emergence of Africa's Regional Human Rights Mechanisms
103
3.3.
The Evolution of the African Human Rights System to its Present Status
111
3.3.1.
The Transformation of the OAU to AU
113
3.3.2.
The New Partnership for Africa's Development (NEPAD) and the African Peer Review Mechanism (APRM)
116
3.3.3.
The Establishment of the African Court on Human and Peoples' Rights
119
pt. II
The Normative Instruments of the African System on Human and Peoples' Rights
ch. 4
The Constitutive Act of the African Union
4.1.
Structure and Features of the Constitutive Act of the AU
127
4.2.
Human and Peoples' Rights under the Constitutive Act
129
4.2.1.
Human and Peoples' Rights in the Objectives of the Constitutive Act
131
4.2.2.
Human and Peoples' Rights under the Principles of the Constitutive Act
134
ch. 5
The African Charter on Human and Peoples' Rights
5.1.
Structure and Salient Features of the African Charter
139
5.2.
Individuals' Rights under the African Charter
145
5.2.1.
Civil and Political Rights
145
5.2.2.1.
Right to Non-discrimination
145
5.2.1.2.
Right to Life and Integrity of the Person
150
5.2.1.3.
Right against all Forms of Slavery, Slave Trade, Torture and Cruel, Inhuman or Degrading Treatment
155
5.2.1.4.
Right to Liberty and Security of the Person
162
5.2.1.5.
Right to a Fair Trial
164
5.2.1.6.
Right to Freedom of Conscience and Religion
177
5.2.1.7.
Right to Freedom of Expression
179
5.2.1.8.
Right to Freedom of Association
183
5.2.1.9.
Right to Freedom of Assembly
185
5.2.1.10.
Right to Freedom of Movement
186
5.2.1.11.
Right to Participate in the Government of One's Country
188
5.2.1.12.
Right to Property
191
5.2.2.
Economic, Social and Cultural Rights
193
5.2.2.1.
Right to Equitable and Satisfactory Conditions of Work
195
5.2.2.2.
Right to Health
196
5.2.2.3.
Right to Education
197
5.3.
Collective and Peoples' Rights under the Charter
199
5.3.1.
Right to the Protection of the Family and other Related Rights
202
5.3.2.
Right to Self-determination
205
5.3.3.
Right over Wealth and Natural Resources
209
5.3.4.
Right to Economic, Social and Cultural Development
211
5.3.5.
Right to Peace
213
5.3.6.
Right to a General Satisfactory Environment
215
5.4.
Limitation of Rights under the African Charter
217
5.4.1.
Limitation of Rights through Imposition of Duties
218
5.4.2.
Limitation of Rights through Internal Qualifications (Claw-back Clauses)
219
5.5.
Duties under the African Charter
223
5.5.1.
State's Duty to Promote and Respect the Rights in the Charter
223
5.5.2.
State's Duty to Guarantee the Independence of the Judiciary
225
5.5.3.
Individual's Duty to Respect the Rights of others
226
5.5.4.
Individual's Duty to Promote and Safeguard Respect and Tolerance
226
5.5.5.
Individual's Duty to the Family and other Related Duties
227
ch. 6
The African Charter on the Rights and Welfare of the Child
6.1.
General Structure and Features of the Children's Charter
231
6.2.
Rights under the Children's Charter
234
6.2.1.
Civil and Political Rights
234
6.2.2.
Economic, Social and Cultural Rights
244
6.3.
Duties (Responsibilities) under the Children's Charter
252
ch. 7
The Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa
7.1.
General Structure and Features of the Protocol
258
7.2.
Individuals' Rights under the Protocol
260
7.2.1.
Civil and Political Rights
260
7.2.2.
Economic, Social and Cultural Rights
269
7.3.
Rights of Special Groups
272
pt. III
Institutional Mechanisms of the African System on Human and Peoples Rights
ch. 8
The African Union and its Organs
8.1.
African Union's Organs Involved in Regional Human Rights Enforcement
281
8.2.
African Union's Programmes (Initiatives) with Human Rights Implications
289
8.2.1.
Human Rights under NEPAD
289
8.2.2.
Human Rights under the APRM
292
8.2.3.
A Critique of the NEPAD and APRM
296
ch. 9
The African Commission on Human and Peoples' Rights
9.1.
Structure and Composition
301
9.2.
Mandate of the Commission
302
9.2.1.
The Commission's Promotional Mandate
303
9.2.1.1.
General Promotional Activities
303
9.2.1.2.
The State Reporting Mechanism
306
9.2.2.
The Commission's Protective Mandate
311
9.2.2.1.
Inter-state Communications Procedure
312
9.2.2.2.
Individuals ('Non-state') Communications Procedure
314
9.2.2.2.1.
Submission of Individual Communications
315
9.2.2.2.2.
Admissibility of Individual Communications
316
9.2.2.2.3.
Procedure after a Communication has been Declared Admissible
328
9.2.2.2.4.
The Commission's Recommendations on Communications
330
9.2.2.2.5.
Provisional (Interim) Measures and Remedies
333
ch. 10
The African Court on Human and Peoples' Rights
10.1.
Establishment and Composition of the Court
341
10.2.
Access and Jurisdiction of the Court
346
10.2.1.
Access to the Court
346
10.2.2.
Jurisdiction of the Court
351
10.2.2.1.
Contentious (Adjudicatory) Jurisdiction
352
10.2.2.2.
Advisory Jurisdiction
356
10.2.2.3.
Conciliatory Jurisdiction
358
10.3.
Procedures of the Court
358
10.3.1.
Admissibility and Consideration of Cases
359
10.3.2.
Judgements of the Court
362
10.3.3.
Remedies
364
10.4.
Relationship between the Court, the Commission, the AU and other Relevant Human Rights Bodies
366
10.4.1.
Relationship between the Court and Commission
366
10.4.2.
Relationship between the Court and AU and its Organs
368
10.4.3.
Relationship between the Court and other Human Rights Mechanisms in the Region
370
ch. 11
African Committee of Experts on the Rights and Welfare of the Child
11.1.
Structure and Composition
373
11.2.
Mandate of the Committee
376
11.2.1.
The Committee's Promotional Mandate
377
11.2.1.1.
General Promotional Activities
377
11.2.1.2.
State Reporting
380
11.2.2.
The Committee's Protective Mandate
386
pt. IV
Challenges and Reforms to the African System on Human and Peoples' Rights
ch. 12
Normative Challenges and Reforms to Africa's Regional Human Rights System
12.1.
Reforming the Civil and Political Rights Provisions of the African Charter
397
12.2.
Reforming the Economic, Social and Cultural Rights and other Substantive Provisions of the Charter
408
ch. 13
Institutional Challenges and Reforms under the African Human Rights System
13.1.
The African Commission on Human and Peoples' Rights
414
13.2.
The African Court on Human and Peoples' Rights
441
ch. 14
Mainstreaming and Rationalising the African Human Rights System
14.1.
Institutional Overlaps and Duplication in the African Human Rights System
448
14.2.
Rationalising the African Court and Commission
451
14.3.
Rationalising the African Court and AU Court of Justice
454
Conclusion
461
Selected Bibliography
465