Bringing the African human rights system into classrooms: Some lessons drawn from a lecture delivered at the Université Libre des Pays des Grands Lacs (DR Congo)Posted: 4 February, 2019
Author: Dr Kihangi Bindu Kennedy
Professor of international law at the Université Libre des Pays des Grands Lacs
Author: Trésor Makunya
Doctoral candidate & Academic Associate, Centre for Human Rights, University of Pretoria
Ever since the establishment of the Organisation of African Unity (1963), and later, the African Union (2002), their efforts to maintain peace and stability, uphold the constitutional order and ensure the respect and the promotion of fundamental rights and freedoms in the Democratic Republic of Congo (DRC) have yielded unsatisfactory outcomes. Although major reasons for such a debacle have been underscored or echoed by prominent scholarship, bringing these debates into law classrooms when training ‘society-conscious lawyers’ is one of the ways to contribute to the ongoing debate over the relevance of the African Union (AU) to Africans. In this article, we highlights some lessons learnt from the discussions that followed a lecture we delivered at the Université Libre des Pays des Grands Lacs (ULPGL-Goma) on Wednesday 16 January 2019 to undergraduate law students. The lecture provided theoretical knowledge, analytical and practical skills on the AU and its human rights system which tend to be overlooked, the focus usually placed on the United Nations (UN) and the European human rights systems.
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Author: Sègnonna Horace Adjolohoun
Visiting Professor of international human rights law and comparative African constitutional law, Central European University;
Extraordinary Lecturer, Centre for Human Rights, University of Pretoria
Principal Legal Officer, African Court on Human and Peoples’ Rights
This article is a summarised version of a much longer commentary which shall be published subsequently.
The views expressed below are exclusively those of the author and not of the African Court.
THE IMPERATIVE OF SYSTEM-BASED LAW MAKING
When the African Court became operational in 2006, the expectation was that it will affirm the then widely criticised African Commission on Human and Peoples’ Rights rather than merely “judicialise” the system. The Court therefore bears the historical duty to adopt a system strengthening approach to judicial law-making. As it makes law over the years, it becomes paramount to vet the Court’s pronouncements against that raison d’être. I attempt to do so with respect to its recent decisions.
Substantively, the requests related to a varied range of matters that are both current and novel, ranging from the meaning and scope of the role of the African Union policy organs to ‘consider’ the Activity Report of the African Human Rights Commission to the modalities of litigating the crime of unconstitutional change of government. Unfortunately, the Court did not assert jurisdiction to pronounce itself on the merit of those issues.
A review of the work of the African Commission’s Working Group on Extractive Industries, Environment and Human Rights Violations in AfricaPosted: 26 April, 2016
Author: Miriam Azu
Lawyer, Human Rights Advocate and Environmental Activist
The Working Group on Extractive Industries, Environment and Human Rights Violations in Africa (Working Group) is an oversight mechanism of the African human rights system. Its general mandate is to monitor and report on how extractive activities affect the human rights and environment of the African peoples. This article briefly evaluates what the Working Group has done so far vis-à-vis its mandate, notes some of its challenges and concludes with recommendations on the way forward.
The right to life in Africa: General Comment No. 3 on the African Charter on Human and Peoples’ RightsPosted: 10 February, 2016
Author: Paul Ogendi
Researcher, Working Group on death penalty and extrajudicial summary or arbitrary killings in Africa, African Commission on Human and Peoples’ Rights
During its 57th Ordinary Session held from 4 to 18 November 2015 in Banjul, The Gambia, the African Commission on Human and Peoples’ Rights (the Commission) adopted General Comment No. 3 on the African Charter on Human and Peoples’ Rights (General Comment No. 3) focusing on the right to life.
The document is timely because the protection of the right to life is currently under threat globally. Africa is no exception.
The Commission in 2012 expanded the work of one of its working groups focusing on the right to life to include not just death penalty but also extrajudicial, summary and arbitrary killings in Africa.
Some of the salient features of the new General Comment are discussed below.
The African Youth Charter (Youth Charter) was adopted by African heads of states and government in Banjul, the Gambia on the 2nd of July 2006. Upon the attainment of 15 ratifications as required in article 30(2), the Youth Charter entered into force on 8 August 2009.
As the first international treaty on youth development, the Youth Charter bears a significant place in the protection of the rights of young persons. Although its jurisdictional scope is Africa, the Youth Charter sets a standard for the international community in the development of norms for the protection of young persons. In its ‘Definitions’ section, the Youth Charter sets the age for ‘youth or young people’ within the ages of 15 and 35 years. As at 2014, 36 African Union (AU) states had ratified the Youth Charter while 42 AU states had signed.
The Youth Charter contains 31 provisions and places significant emphasis on human rights. While re-emphasising some of the rights contained in the African Charter on Human and Peoples’ Rights (ACHPR), the Youth Charter goes a step further in providing for the right to gainful employment (article 15); right to rest and leisure (article 22) and the right of youths with disabilities (article 24). Articles 10 and 14 of the Youth Charter offer expositions on the content of the right to development of youths in Africa. Importantly, the Youth Charter obligate state parties to ‘promote and ensure through teaching, education and publication’ (article 27) respect for the rights in the Youth Charter. State parties are further mandated ‘to see to it that these freedoms, rights and responsibilities as well as corresponding obligations and duties are understood’ (article 27). Although the Youth Charter obligate state parties to take ‘necessary steps’ in the realisation of the obligations contained in it (article 1(2)); the Youth Charter does not provide adequate enforcement mechanisms at the regional level.