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 Periodical article |
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| Title: | The Relevance of the Inter-American Human Rights System for Africa |
| Author: | Viljoen, Frans |
| Year: | 1999 |
| Periodical: | African Journal of International and Comparative Law |
| Volume: | 11 |
| Issue: | 4 |
| Period: | December |
| Pages: | 659-670 |
| Language: | English |
| Geographic term: | Africa |
| Subjects: | international law African agreements human rights African Charter on Human and Peoples' Rights Law, Human Rights and Violence |
| External link: | https://heinonline.org/HOL/P?h=hein.journals/afjincol11&i=679 |
| Abstract: | The African Charter on Human and Peoples' Rights is the basis of the regional human rights system in Africa. It restated and added to substantive human rights law as it existed at the time of its adoption, in particular the European Convention for the Protection of Human Rights and Fundamental Freedoms, and the American Convention on Human Rights. The implementation mechanism is the African Commission on Human and Peoples' Rights. The Commission is instructed to draw inspiration from international law on human and peoples' rights. The OAU Assembly has also adopted the Protocol Establishing an African Court on Human and Peoples' Rights. This article proposes that the Court should be allowed also to make use of a wide interpretative network. It argues that domestic courts in Africa and the future African Court, as well as the African Commission, should place reliance on the Inter-American Court rather than its European equivalent, because the inter-American system of human rights is of much more relevance to the African situation. Eleven reasons are forwarded to substantiate this view: similarities in substantive provisions, socioeconomic conditions and political contexts; the shared negative impact of colonialism; similarities in the nature and scope of violations; the lack of regional homogeneity; the scope for advisory opinions; the necessity of urgent interim relief; the preference for conciliation functions rather than adjudication; the pre-existence of a Commission; and the importance attached to reparations. Notes, ref. |