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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The road to the African Court on Human and Peoples' Rights
Author:Kioko, BenISNI
Year:1998
Periodical:Annual conference - African Society of International and Comparative Law
Volume:10
Pages:70-86
Language:English
Geographic term:Africa
Subjects:African agreements
human rights
African Court on Human and Peoples' Rights
African Charter on Human and Peoples' Rights
Abstract:The process of formulating the Protocol on the Establishment of the African Court on Human and Peoples' Rights took some four years, starting with the adoption by the OAU Assembly of Heads of State and Government meeting in Tunis in June 1994 of a resolution to 'ponder over ways and means of strengthening the African Commission on Human and Peoples' Rights... ' up to the formal adoption of the Protocol by the Assembly in Ouagadougou in June 1998. The author traces the historical background and political environment existing prior to the adoption of the Protocol and examines the various stages through which the elaboration of the protocol passed: the meetings of government legal experts (Cape Town, 6-12 September 1995; Nouakchott, 11-14 April 1997; and enlarged to include diplomats, Addis Ababa, 8-11 December 1997), the ordinary sessions of the Council of Ministers (Yaoundé, 1-6 July 1996; Tripoli, 24-28 February 1997; Harare, 26-30 May 1997; Addis Ababa, 23-27 February 1998), and the conference of ministers of justice and attorneys-general (Addis Ababa, 12 December 1997). As chief of legal affairs with the legal department of the OAU, the author was involved in the entire process. He also briefly refers to some of the characteristics of the Court as detailed in provisions of the Protocol, noting that the Protocol has borrowed heavily from other human rights regimes, that only African legal experts and diplomats were involved in its formulation, and that the process of its negotiation ensured that no one country was completely satisfied with the end result. Notes, ref.
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