The Role of the African Peer Review Mechanism in Inducing Compliance with Human Rights PDF Download
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Author: Ulf Magnus Killander
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
The African Peer Review Mechanism (APRM) was developed under the New Partnership for Africa's Development (NEPAD), the development framework of the African Union (AU) which replaced the Organization of African Unity (OAU) in 2002. Through the APRM, the AU has established a system for assessment of governance in participating countries and for the development of programmes of action to address identified shortcomings. The APRM is a voluntary, 'soft mechanism of supervision which combines self-assessment with regional monitoring. The APRM takes a holistic approach to governance with a mandate covering democracy and political governance, economic governance, corporate governance and socio-economic development. This study considers the role that the APRM plays in the realisation of human rights. It examines the manner in which human rights are reflected in the APRM framework documents as well as the manner in which rights-based principles such as participation, accountability and transparency are reflected in the process. The strengths and weaknesses of various methods of international monitoring to ensure compliance with human rights are examined. The APRM country review reports and implementation reports of Ghana, Rwanda and Kenya are studied in conjunction with reports from domestic and international human rights monitoring bodies and national development plans. The aim of the study is to ascertain whether the APRM adds value to mechanisms established with the purport of assisting in the realisation of human rights. This study illustrates that the APRM plays a complementary role in human rights monitoring. It is clear, however, that it is only able to play a meaningful role if the state under review is motivated to undertake reform. Human rights have a role to play with regard to the APRM process itself and in identifying and addressing governance shortcomings. The specific and time-bound commitments in the Programme of Action are unique to the APRM. If these commitments are developed through a rights-based approach and their implementation adequately monitored the APRM could play an important role in inducing compliance with human rights.
Author: Ulf Magnus Killander
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
The African Peer Review Mechanism (APRM) was developed under the New Partnership for Africa's Development (NEPAD), the development framework of the African Union (AU) which replaced the Organization of African Unity (OAU) in 2002. Through the APRM, the AU has established a system for assessment of governance in participating countries and for the development of programmes of action to address identified shortcomings. The APRM is a voluntary, 'soft mechanism of supervision which combines self-assessment with regional monitoring. The APRM takes a holistic approach to governance with a mandate covering democracy and political governance, economic governance, corporate governance and socio-economic development. This study considers the role that the APRM plays in the realisation of human rights. It examines the manner in which human rights are reflected in the APRM framework documents as well as the manner in which rights-based principles such as participation, accountability and transparency are reflected in the process. The strengths and weaknesses of various methods of international monitoring to ensure compliance with human rights are examined. The APRM country review reports and implementation reports of Ghana, Rwanda and Kenya are studied in conjunction with reports from domestic and international human rights monitoring bodies and national development plans. The aim of the study is to ascertain whether the APRM adds value to mechanisms established with the purport of assisting in the realisation of human rights. This study illustrates that the APRM plays a complementary role in human rights monitoring. It is clear, however, that it is only able to play a meaningful role if the state under review is motivated to undertake reform. Human rights have a role to play with regard to the APRM process itself and in identifying and addressing governance shortcomings. The specific and time-bound commitments in the Programme of Action are unique to the APRM. If these commitments are developed through a rights-based approach and their implementation adequately monitored the APRM could play an important role in inducing compliance with human rights.
Author: Micha Wiebusch
Publisher: Pretoria University Law Press
ISBN:
Category : Law
Languages : en
Pages : 207
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Book Description
About the publication Key reference work for diplomats and legal experts participating in international legal negotiations and transnational policy debates on governing the African continent. Highly recommended for developing courses, reading lists and other teaching materials on African International Law and African International Relations. Instrumental for developing innovative and impact-oriented research and policy strategies on the politics of making and implementing African International Law. What is African about African international law? The main aim of this book is to answer this question by developing a theory to explain how and why international law is Africanized. This includes explaining how Africanization relates both to the extent of continental norm setting by the Organization of African Unity and later the African Union, as the principal agent responsible for ‘African solutions to African problems’, and to the degree to which this African International Organization enforces these norms through varied continental accountability mechanisms. In this specific context, the book considers the different modalities through which the idea of Africa shapes, is shaped by and is embedded in international law making and implementation.
Author: Mehrdad Payandeh
Publisher: PULP
ISBN: 1920538364
Category : International law
Languages : en
Pages : 538
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Book Description
South Africa, the power house of the African continent, as well as Germany, Europe’s largest economic power, are faced with an intricate maze of international obligations, whether related to the United Nations, the World Trade Organization, the African Union or the European Union (EU), international human rights law, international humanitarian law, or any other sub-regime of international law. The two countries are in a different position when facing the implementation of this maze of obligations. South Africa is a developing economy that faces various capacity challenges which, at times, also impact the manner and extent to which it implements its international treaty obligations. Germany, ont the other hand, benefits from comparatively well-funded institutes of international law and a well-trained academic community, which have contributed to the successful implementation of much of international law. But as the relevant chapters in this volume show, the German case is not without its own complexities. As a result, an exchange of ideas and experiences pertaining to the implementation of international obligations can prove fruitful for both countries. Moreover, such an exchange could also serve as a useful point of departure for other countries in Southern Africa that face similar challenges in relation to implementation. The current book explores suitable techniques of implementation of international law, by comparing South Africa with Germany. After a general overview of the status of international law within Germany and South Africa respectively, it focuses on the implementation of international instruments pertaining to key sub-areas of international law in the two countries. These include the United Nations Charter (peace and security), the international law of the sea, international economic law, international environmental law, international human rights law, international criminal law, regional integration, and the status of international judicial decisions before domestic courts.
Author: Frans Viljoen
Publisher: Pretoria University Law Press
ISBN:
Category : Law
Languages : en
Pages : 523
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Book Description
About the publication This volume of essays, A life interrupted: essays in honour of the lives and legacies of Christof Heyns, honours Christof Heyns, renowned human rights lawyer, advocate, activist and educator, but also down-to-earth family man, friend and colleague. Christof’s sudden and most untimely passing on 28 March 2021 deeply saddened those close to him but also evinced an outpouring of grief from the national and international human rights community. His passing brought a deep sense of loss, in part because, at age 62, he was fully engaged in contributing to the betterment of society and still had so much more to give. His is a life interrupted. But at the same time, looking back over the varied lives he lived, he had already left his mark in so many ways. His influences and impacts are manifold and magical. This collection not only testifies to the legacy that he has left us, but also to the ongoing efforts of many to continue building on his legacy. This collection contains two sets of essays by family members, friends, colleagues, collaborators and students. Part A contains essays of a more reflective and personal nature, while the contributions in Part B link to the scholarly or academic themes Christof had worked on and explored, including international human rights systems, international law, the right to life, freedom of association, international humanitarian law, the impact of human rights treaties, constitutionalism and legal philosophy. However, a neat distinction between the personal and professional is not possible in respect of such a warm, generous and enthusiastic person as Christof. Most of the essays in Part A integrate some of Christof’s professional and academic achievements, while many of the essays in Part B also reflect on Christof as a person. The editors, all based at the Faculty of Law, UP, are colleagues and friends who worked closely with Christof. Frans Viljoen succeeded Christof as Director of the Centre for Human Rights. Christof was his doctoral supervisor, mentor and research collaborator. Charles Fombad worked with Christof at ICLA, and took over as ICLA Director after Christof’s passing. Dire Tladi, an ICLA fellow, had his office just across from Christof in ICLA. As member of the International Law Commission, he shared with Christof high level engagement with the UN. While Christof served on the Human Rights Committee, his colleague Ann Skelton serves on the Committee on the Rights of the Child. Magnus Killander worked closely with Christof as co-author and co-editor. Christof was also his doctoral supervisor. The publication date of this book is 10 January 2022, which is the date marking 63 years since Christof’s birth. The publisher is the Pretoria University Law Press (PULP), of which Christof was also a founder.
Author: Manisuli Ssenyonjo
Publisher: Martinus Nijhoff Publishers
ISBN: 9004218149
Category : Law
Languages : en
Pages : 629
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Book Description
The African human rights system has undergone some remarkable developments since the adoption of the African Charter on Human and Peoples Rights, the cornerstone of the African human rights system, in June 1981. The year2011 marked the 30th anniversary of the adoption of the African Charter. It also marked 25 years since the African Charter entered into force on 21 October 1986.This book aims to provide reflections on most of the major human rights issues in the past 30 years of the African human rights system in practice and discussion on the future: the African Charter s impact and contribution to the respect, protection and promotion of human rights in Africa; the contemporary challenges faced by the African Human rights system in responding adequately to the demands of rapidly evolving African societies; and how the African human rights system can be strengthened in the future to ensure that the human rights protected in the African Charter, as developed in the jurisprudence of the African Commission since the Commission was inaugurated in 1987, are realised in practice.The chapters in this volume bring together the work of 20 human rights scholars and practitioners, with expertise in human rights in Africa, under the following general themes: rights and duties in the African Charter; rights of the vulnerable under the African system; implementation mechanisms for human rights in Africa; and towards an effective African regional human rights system.
Author: Ololade Shyllon
Publisher: Pretoria University Law Press
ISBN:
Category : Law
Languages : en
Pages : 268
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Book Description
Model Law on Access to Information for Africa and other regional instruments: Soft law and human rights in Africa Edited by Ololade Shyllon 2018 ISBN: 978-1-920538-87-3 Pages: 255 Print version: Available Electronic version: Free PDF available About the publication The adoption in 2013 of the Model Law on Access to Information for Africa by the African Commission on Human and Peoples’ Rights is an important landmark in the increasing elaboration of human rights-related soft law standards in Africa. Although non-binding, the Model Law significantly influenced the access to information landscape on the continent. Since the adoption of the Model Law, the Commission adopted several General Comments. The AU similarly adopted Model Laws such as the African Union Model Law on Internally Displaced Persons in Addressing Internal Displacement in Africa. This collection of essays inquires into the role and impact of soft law standards within the African human rights system and the AU generally. It assesses the extent to which these standards induced compliance, and identifies factors that contribute to generating such compliance. This book is a collection of papers presented at a conference organised by the Centre for Human Rights, University of Pretoria, with the financial support of the government of Norway, through the Royal Norwegian Embassy in Pretoria. Following the conference, the papers were reviewed and reworked. Table of Contents Acknowledgments Preface Contributors Abbreviations and acronyms PART I: THE MODEL LAW AND ITS INFLUENCE ON ACCESS TO INFORMATION IN AFRICA Introduction Ololade Shyllon The impact of the Model Law on Access to Information for Africa Fola Adeleke Implementing a Model Law on Access to Information in Africa: Lessons from the Americas Marianna Belalba and Alan Sears The implementation of the constitutional right of access to information in Africa: Opportunities and challenges Ololade Shyllon PART II: COUNTRY STUDIES The Model Law on Access to Information for Africa and the struggle for the review and passage of the Ghanaian Right to Information Bill of 2013 Ugonna Ukaigwe The impact of the Model Law on Access to Information for Africa on Kenya’s Access to Information framework Anne Nderi The Sudanese Access to Information Act 2015: A step forward? Ali Abdelrahman Ali Compliance through decoration: Access to information in Zimbabwe Nhlanhla Ngwenya PART III: INFLUENCE OF SOFT LAW WITHIN THE AFRICAN HUMAN RIGHTS SYSTEM Soft law and legitimacy in the African Union: The case of the Pretoria Principles on Ending Mass Atrocities Pursuant to Article 4(h) of the AU Constitutive Act Busingye Kabumba The incorporation of the thematic resolutions of the African Commission into the domestic laws of African countries Japhet Biegon General Comment 1 of the African Commission of the African Commission on Human and Peoples’ Rights: A source of norms and standard setting on sexual and reproductive health and rights Ebenezer Durojaye The African Union Model Law on Internally Displaced Persons: A critique Romola Adeola Selected bibliography
Author: Kristiana Powell
Publisher:
ISBN:
Category : Political Science
Languages : en
Pages : 104
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Book Description
The notion of the "responsibility to protect" has made some progress in recent years, particularly in Africa. For example, the African Union's (AU) new peace and security agenda resonates with the prevention-reaction-rebuilding continuum outlined in the ICISS [International Commission on Intervention and State Sovereignty] report. This monograph draws on case studies of the AU and other international engagements in Burundi and Darfur, Sudan, to explore the opportunities and challenges operationalising the responsibility to protect in Africa.
Author: Hurst Hannum
Publisher: Cambridge University Press
ISBN: 1108417485
Category : Law
Languages : en
Pages : 245
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Book Description
Focuses on understanding human rights as they really are and their proper role in international affairs.
Author: Eric Tistounet
Publisher: Edward Elgar Publishing
ISBN: 1789907942
Category : Law
Languages : en
Pages : 259
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Book Description
Since its establishment the work of the Human Rights Council (UNHRC) has been subject to many interpretations, theories, comments or conclusions. This comprehensive book dissects every aspect of the UNHRC’s work and analyses the efficiency of, and interactions between, its mechanisms. Authored by the first Secretary of the UNHRC, this book provides unique practitioner insights into the complex decision making processes of the Council alongside the core variations from its predecessor.
Author: Damian Etone
Publisher: Routledge
ISBN: 0429594348
Category : Law
Languages : en
Pages : 214
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Book Description
This book examines the engagement of African states with the United Nations Human Rights Council’s Universal Periodic Review (UPR) mechanism. This human rights mechanism is known for its pacific and non-confrontational approach to monitoring state human rights implementation. Coming at the end of the first three cycles of the UPR, the work offers a detailed analysis of the effectiveness of African states’ engagement and its potential impact. It develops a framework which comprehensively evaluates aspects of states’ UPR engagement, such as the pre-review national consultation process and implementation of UPR recommendations which, until recently, have received little attention. The book considers the potential for acculturation in engagement with the UPR and unpacks the impact of politics, regionalism, cultural relativism, rights ritualism and civil society. The work provides a useful guide for policymakers and international human rights law practitioners, as well as a valuable resource for international legal and international relations academics and researchers.
