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Periodical article |
| Title: | A new breed of institution: the development of human rights commissions in Commonwealth Africa with particular reference to the Uganda Human Rights Commission |
| Author: | Hatchard, John |
| Year: | 1999 |
| Periodical: | The Comparative and International Law Journal of Southern Africa |
| Volume: | 32 |
| Issue: | 1 |
| Pages: | 28-53 |
| Language: | English |
| Geographic terms: | English-speaking Africa Uganda |
| Subjects: | Commonwealth human rights commissions of inquiry |
| Abstract: | The 1991 Harare Commonwealth Declaration pledged to protect and promote the fundamental political values of the Commonwealth, concentrating upon democracy and democratic processes and institutions. In the case of Ghana, South Africa, Malawi and Uganda, this resulted in the establishment of human rights commissions. These represent a new breed of autochthonous institution designed to promote and to protect human rights and the concept of good governance, accountability and the rule of law. This article examines the organization, functions and powers of these institutions, with particular reference to the Uganda Human Rights Commission (UHRC). It examines the relationship between offices of the ombudsman and the 'new breed' human rights commissions (NBHRCs), considers the requirements for maintaining the independence of a commission, and looks at their specific and wide-ranging functions, such as investigating human rights violations, promoting human rights, reviewing detention orders, taking a position on human rights issues, and working with parliament. The new institutions not only provide a new layer of accountability but also contribute towards a fresh constitutional order in which human rights are fully protected. Using the UHRC as example, this article demonstrates not only the potential of NBHRCs but also the care necessary to make them effective. Notes, ref. |