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Periodical article |
| Title: | An African Court on Human and Peoples' Rights |
| Authors: | Mubangizi, John O'Shea, Andreas |
| Year: | 1999 |
| Periodical: | South African Yearbook of International Law |
| Volume: | 24 |
| Pages: | 256-269 |
| Language: | English |
| Geographic term: | Africa |
| Subjects: | human rights African Court on Human and Peoples' Rights |
| Abstract: | The year 1998 saw the adoption of an agreement for the creation of an African Court on Human and Peoples' Rights (ACHPR). This note offers a preliminary outline and assessment of this new institution. It gives attention to its organization and operation, jurisdiction, the right to bring complaints before the court, and proceedings before the court. The court's ability to determine violations, not only of the African Charter on Human and Peoples' Rights (the Banjul Charter, which was adopted in 1981 by the OAU), but also of other multilateral human rights instruments, is a novel contribution to the development and harmonization of international human rights jurisprudence. The critical issue of access to the court by entities other than the African Commission on Human and Peoples' Rights and States has been left to the political will of States. Whether and how well the ACHPR will be able to discharge its mission will depend on the political climate and the attitude of African States towards human rights, and on the willingness of the State parties to accept the jurisdiction of the court and to honour their obligations under the Protocol, which to date has only been ratified by one State. In light of the gross violations of human rights in Africa, the role of the proposed ACHPR cannot be overemphasized. Notes, ref. |