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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Arbitration and Human Rights in Africa
Author:Chukwuemerie, Andrew I.
Periodical:African Human Rights Law Journal
Geographic term:Africa
human rights
access to justice
Law, Human Rights and Violence
Abstract:Most African countries have elaborate constitutional provisions for the protection of human rights. These include those rights that concern the proper administration of justice: the rights of citizens or residents to have unfettered access to the courts and to a fair hearing within a reasonable time, as well as the right to a public hearing and delivery of judgment. Most African countries are also now embracing commercial arbitration for the resolution of disputes. Arbitration is fundamentally a private and confidential process and a recourse to arbitration is a waiver of the right of access to court for the dispute in question. Thus whether or not arbitration breaches citizens' human rights is becoming an important issue. This article examines the question and finds that, unlike the situation in some other parts of the world, in Africa arbitration and human rights are not in any form of conflict. Arbitration does not breach human rights in Africa. In fact, African countries have worked out a synergy between the two streams of law and in doing so, have shown a worthy example to the world. In customary law the situation is the same. The author also examines whether or not human rights disputes ought to be arbitrable in Africa and argues that as of now, arbitration is the best, if not the only way to secure real independence of adjudicators and speedy justice against most African governments and their agencies in human rights matters. Notes, ref., sum. [Journal abstract]