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Periodical article | Leiden University catalogue | WorldCat |
Title: | Fact-Finding Missions or Omissions? A Critical Analysis of the African Commission on Human and Peoples' Rights |
Author: | Mutangi, Tarisai |
Year: | 2006 |
Periodical: | East African Journal of Peace and Human Rights |
Volume: | 12 |
Issue: | 1 |
Pages: | 1-48 |
Language: | English |
Geographic term: | Africa |
Subjects: | legal procedure African Commission on Human and Peoples' Rights Law, Human Rights and Violence |
Abstract: | The 21st century has been earmarked as the age of effective implementation of human rights. Against this background, factfinding has become pivotal to achieving this goal since it has turned out to be ancillary to the full settlement of human rights disputes. Regional and international treaty monitoring bodies ascertain allegations of facts through fact-finding missions and other processes. In this context, the present article examines the conduct of fact-finding missions by the African Commission on Human and Peoples' Rights (ACHPR). The impetus of the article is the reaction of the Government of Zimbabwe to the ACHPR in its 17th Annual Activity Report. This government raised numerous critical issues relating to how the ACHPR conducted the 2002 fact-finding mission in Zimbabwe. The article explores the origin, nature and purpose of fact-finding missions. Based on an analysis of the fact-finding reports on Senegal, Mauritania and Zimbabwe, it identifies the strengths and weaknesses of the system. Lessons are drawn from the practice and rules of procedure of other regional and international treaty monitoring bodies, particularly the Inter-American Commission on Human Rights (IACHR). In conclusion, the article makes several recommendations to the ACHPR. Notes, ref., sum. [ASC Leiden abstract] |