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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Article 58 of the African Charter on Human and Peoples' Rights: a legal analysis and how it can be put into more practical use
Author:Mohamed, Abdelsalam A. RadwanISNI
Year:1996
Periodical:Annual conference - African Society of International and Comparative Law
Volume:8
Pages:290-309
Language:English
Geographic term:Africa
Subjects:African agreements
human rights
offences against human rights
African Charter on Human and Peoples' Rights
Abstract:Article 58 of the African Charter on Human and Peoples' Rights empowers the African Commission on Human and Peoples' Rights to take certain action in response to situations of serious or massive violations of human or peoples rights or in situations of emergency. However, since the coming into force of the Charter, the African Commission has been apparently weak in promoting, protecting and implementing the Charter provisions, including article 58. The present author is concerned with how article 58 may be put into more practical use, especially if it is read not in isolation but in conjunction with articles 46, 60 and 61. He deals with possible means of interpretation of article 58, and describes the United Nations system and the inter-American system and their development of procedures for dealing with situations of gross, systematic violation of human rights. The establishment of a Commonwealth Ministerial Action Group on the Harare Commonwealth Declaration, in order to deal with 'serious or persistent violations of the principles of the Declaration', suggests that developments are also taking place within the African system to establish a procedure for dealing with serious or massive violations of human rights. Notes, ref. (Discussion, p. 309-312.)
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