Realising the effective enforcement of civil and political rights in Africa: an analysis of the African Charter on Human and Peoples' Rights.

Obodo, Chimere Arinze

Abstract

The task of drafting the standard of human rights is largely complete, and monitoring and enforcement institutions are functioning as intended. However limited that intent may have been, research has shown that the violation of human rights, particularly civil and political rights, are prevalent in many African countries. In this thesis, the focus is on realising effective enforcement of civil and political rights, using the normative and institutional framework of the African Charter on Human and Peoples' Rights to inform the understanding and challenges to African regional enforcement. This thesis places emphasis on advancing thoughts that are normatively and institutionally open to improvement in the African human rights system. It proposes a reform to the African Charter system that considers the African Court and African Commission jurisprudence instead of transplanting from other regional or international treaties. This thesis reviews the African Charter as well as scholarly arguments on civil and political rights protection. First, it analyses the international protection of contemporary human rights under the Universal Declaration of Human Rights and International Covenant on Civil and Political Rights, in addition to the European Convention on Human Rights and the American Convention on Human Rights. This is done to emphasise the relevance and recognition of civil and political rights in the international sphere, and to lay a foundation on which the normative and institutional protection of the African Charter is analysed. Thereafter, it relates the African Charter normative and institutional protection to member states' obligations, in order to understand the general overview of the prospects and challenges of the African Charter civil and political rights enforcement. Using Nigeria, Tanzania and Benin as case studies to understand state party implementation of the African Charter on civil and political rights provisions, it examines whether African countries meet their African Charter obligations. In conclusion, this thesis demonstrates that, with appropriate reforms, the African Charter civil and political rights provisions can be effectively enforced.

Citation

OBODO, C.A. 2019. Realising the effective enforcement of civil and political rights in Africa: an analysis of the African Charter on Human and Peoples' Rights. Robert Gordon University [online], PhD thesis. Available from: https://openair.rgu.ac.uk

• Thesis Type: Thesis
• Deposit Date: Jan 28, 2020
• Publicly Available Date: Jan 28, 2020
• Keywords: Human rights; Human rights enforcement; International human rights; Civil and political rights; Africa; African Charter on Human and Peoples' Rights
• Public URL: https://rgu-repository.worktribe.com/output/841567
• Award Date: Aug 31, 2019