عنوان

A Proposal for the Effective Implementation of the Protective Mandate of the African Commission on Human and Peoples' Rights

LA108053

انگلیسی

A Proposal for the Effective Implementation of the Protective Mandate of the African Commission on Human and Peoples' Rights

[Article]

Allwell Uwazuruike

Leiden

Brill | Nijhoff

The African Charter on Human and Peoples' Rights ushered in an era of human rights promotion and protection at the regional level. However, the African Commission, created for this purpose, continues to face challenges especially with regard to the protection of human rights. This article critically examines one of the core obstacles to the effective operation of the Commission's protective mandate - the binding nature of its recommendations - and formulates a proposal for bypassing that obstacle. It argues for the strengthening of the Commission's protective mandate through a distinct and unambivalent adoption of the Commission's rulings as official decisions of the AU Assembly backed by the concomitant full sanctioning power of the latter. Such adoption, it is argued, must go beyond the current near ceremonious practice whereby the Assembly receives and 'adopts' the Commission's Activity Reports and focus on the recommendations themselves. Adopting this new system, it is argued, will strengthen and add meaning to the Commission's protective mandate and further project the status of human rights across the continent.

2018

178-200

African Journal of Legal Studies

11/2-3

1708-7384

African Commission

human rights

International Law: General Interest

reforms

sanctions

Allwell Uwazuruike

10.1163/17087384-12340032

p

[Article]

275578

a

Y