Abstract

The study entitled The African commission of Human Rights is aim to show how the African commission has effectively solved legal problems relating to human rights as well as how the commission has effectively promoted Human Rights.

This study is also to promote Human Rights and its effect as well as to suggest some ways to solving the problems faced by the commission.

CHAPTER ONE

GENERAL INTRODUCTION

1.1 Introductory Overview Of The Study

Human rights are moral claims made by human beings on the society by virtue of their humanity . Human right issues have come into sharper focus since the end of the cold war. The number of conflicts and wars are rising sharply and human rights violations occur all over the world to interact that legal framework and institution are being created.

The leading force behind this development is the United Nation and its major bilateral supporters, which in turn are pressurized by NGOs, political movements and individuals. These rights are considered as natural rights with divine origin especially as these rights come from God. These rights come from our creator and so nobody can deprive us from it.

Human Rights were already consecrated in the United nations charter in 1948  which divided them into two main categories; economic, social and cultural rights, civil and political rights, with its constant repetition and reaffirmation in subsequent instruments, universal and regional, as well as national constitutions it is argued declaration, at least in its essential principles, and it has become part of international criminal law, binding on all states without their express consent. Two world conferences have been held, the most significant in Vienna in 1993, with the liberation of Africa starting with Ghana. In 1957, there were high hopes for the protection and promotion of human rights and for the restoration of African dignity.

Constitutions and legal systems were adopted, similar to those of the colonial master including everything that would allow for positive development. On the contrary many of the practices from the colonial period reappeared, opposition groups were suppressed and military leadership became prevalent.

As things worsen a number of great jurist made important recommendations on the improvement of human rights in Africa. The recommendation suggested for the first time ‘an African human right charter with a court to which individuals and groups might have recourse”  The organization of African unity and its members were reluctant to accept these proclamations of the individual rights and freedom.

After strong pressure from the public the African charter was finally adopted by the 18th ordinary session of the Heads of States of the Organization of African Unity June 1981. The Charter came into force in October 1986.

In accordance with the charter, a Commission on Human and Peoples rights was setup on the 29 of July 1987 with three major function; promote human rights protect these rights and interpret the African charter

The African commission which monitors the implementation of the charter was established in July 1987 at the 23rd ordinary session of the organization of African Unity assembly of Heads of State held in Addis Ababa, Ethiopia  it is based in Banjul, and in Gambia. Its working languages are Arabic, English and French. The rules which govern the organization and operation of the Commission were adopted in Dakar Senegal in February 1988.

The African commission is a quasi judicial body tasked with promoting, protecting human rights and collective rights throughout the African continent as well as interpreting the charter and considering individual complaints on violation of the charter.

The Commission’s eleven elected members are chosen from amongst African personalities of highest reputation known for their high morality, impartiality and competence in matters of human and people’s rights, with particular consideration being given to persons having legal experience.

The commission usually holds two ordinary sessions each year. One in March or April and the other in October  The chair person of the commission may call extra-ordinary sessions in consultation with other members of the different countries.

These sessions are held in different countries in Africa. In fact this topic highlights and presents the African commission and how it facilitates the promotion of Human Rights. After each session, it summarizes the discussions. It prepares an annual report of its activities, which are published after approval by the OAU Assembly of Heads of States.

In fact, this topic highlights what the African commission is all about, the role of the commission, its organization, functioning as well as the effectiveness of the commission.

1.2 Statement Of The Problem

The Effectiveness of the African Commission on Human and People’s Rights, I will equally be looking at the difficulties faced by the commission such as the specific application of article 59 of the charter which has proven problematic (seen in chapter four) and remedies of the African Commission such as the commission continued to encourage the establishment of National institutions of Human Rights by states that have not yet established them.

1.3 Objectives Of The Study

General Objectives

The composition of the African Commission on Human Rights, what the African Commission is all about.

Specific Objectives

This study is to show how the African Commission has effectively solved legal problems relating to Human Rights as well as how the commission has effectively promoted human rights.

This study is also to promote Human Rights and its effect as well as to suggest some ways to solving the problems faced by the commission.

Check out: Law Project Topics with Materials