Human Rights IAFF 2093
Popular in Africa: Problems and Promise
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Popular in International Affairs
This 4 page Class Notes was uploaded by Amaris Mae on Thursday April 30, 2015. The Class Notes belongs to IAFF 2093 at George Washington University taught by Shinn in Winter2015. Since its upload, it has received 117 views. For similar materials see Africa: Problems and Promise in International Affairs at George Washington University.
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Date Created: 04/30/15
Human Rights in Africa More communal rights Greater than individual rights in Africa Issues with Law Extra judicial execution Killed without going through legal process Arbitrary arrest Held in detention without trial lnternal armed con ict Subverts law Law enforcement of cials cannot counter the proliferation of arms African Charter on Human Rights Economic social and cultural rights Group rights Civil and political rights lncludes internationally recognized rights African Human Rights Commission Receives cases in the rst instance Educates about human rights Each member state is obligated to submit a report ever 2 years in which they explain the measures the state has taken to improve rights and secure rights Has to prove it has been following or attempting to follow the charter Africa Court of Human Rights Reviews cases sent from the commission quotAfrican System of Human Rights Protectionquot The African system derives its norms from various sources African Charter on Human and People s Rights OAU Convection Governing Speci c Aspects of Refugee Problems in Africa of 1969 Came into force in 1974 Provides a framework for the protection of the rift s of refugees and the provision of humanitarian assistance ACHP the African Commission is responsible for supervising the implementation father African Charter Women39s rights recognized by the Protocol to the Africa Charter on Huma and People Rights on the Rights of Women Guarantees for women39s rights what combination of protection and empowerment All states are obliged to adopt all the legislative insulation budgetary social and encomia measures Wants to empower women from actors violence that threat their well being Recognizes the right of women to peace Peaceful existence and protection norm the consequences of violent con ict Requires that the state take measures that enabled owe not contribute to the maintenance of peace and security Provides women39s participation in education programmers for peace And women involvement in the structures and processes for con ict prevention and management And women39s involvement in the decision making process African Charter on the Rights and Welfare of the child of 1990 quotNo child shall take a direct part in hostilitiesquot Speci c prohibition of recruiting children Complaint has already been led to his commission on the part of children in the northern Uganda con ict States must also take appropriate action to protect refugee children African Charter The founding insurgent of the African human rights system Dates back to the meeting of African jurists in Lagos Nigeria in 1961 But received the attention of the OAU in 1979 Three parts 1 The list of human and people s rights and individual duties 2 Addresses the establishment and organization not the ACHPR 3 Contains general procedural provisions Provisions dealing whit these and other rights raiment aws As seen in eh Charter39s limitation of rights via drawback clauses Rights can exercised only to the extent that they are not restricted by national law Although it is not meant to allow national laws to override the rights guaranteed in the Charter Although the Charter does not expressly mention this it is interpreted that it allows the rights t social security social insurance and an adequate standard of living The Charter39s most distinguishing feature is its elaboration of the collective rights of peoples le internationally recognized right of all peoples to selfdetermination And to equality existence devilment national den and international peace and environment To help achieve ethnic accommodation and peaceful coexistence Achieving Human Rights in Africa The Challenge for the New Millennium Human rights look black in Africa In 2000 In 1998 there were 35 million refugees 80 were women and children Con ict in Sierra Leone Guinea Bissau Angola Congo the DRC Somalia Rwanda Burundi Ethiopia and Eritrea General Causes of Human Rights Abuses Racism Postcolonialism Poverty More than 75 of the continent lives below the poverty line High growth rate also puts more strain on the economy and environment Ignorance Disease Religious intolerance lnternal con icts Debt Bad management Corruption The monopoly of power Lack ofjudicial and press autonomy Border con icts Colonialism and the African State The western liberal conception of individualstate relationships does not easily apply to Africa Because of the collection not ethnopolitical communities that historically lacked intercommunal coherence New African states cannot inspire loyalty Have failed to inculcate in the military and police Do not have a political class with integrity Alternatives to Classical Form Many African leaders have relied on ethnic support in order to achieveamanita power In return they favor their supports with privileges and funding Attempts by state government to force diverse cultural populations into a dominant ethnic mold have led to human rights abuses Two solutions to multi ethnic states with animosity 1 Replace the state with autonomous ethnic cantos that can opt for confederation other Swiss model 2 Creating of small independent ethnic states whose leaders may opt for some form of interstate integration on the EU model Certain things have to be in place for either plan to work And independentjudiciary The domestic laws must include human rights Free and fair trials Judicial authority must be legitimate over the police and government Minority populations must be preached and given some means of participating in the economic process The African Human Rights Charter Africa Charter was created in addition to the UN charter Because they needed to quotdevelop a scheme of human rights norms and principles founded on the historical traditions and values of Africa civilizationsquot Fairly typical human rights Then followed by peoples rights Also includes the state obligations Ex state is obligated to eliminate all forms of foreign and domestic economic exploitation of natural resources It also de nes the citizens39 duty to the state le exercise your rights and freedoms with respect of others Human Rights Commission Created in 1987 by the OAU and under the Charter To monitor states compliance and obligations under the charter The Assembly picks 11 members to the commission Commissioners serve for a renewable term of six years And elect a VP and P from among themselves Every state has to submit a report to the Commission every 2 years To say what it has done to eliminate human rights abusespromote peace However as of 1998 3051 states failed to submit a single reports All others were in arrears Except for Zimbabwe its report was good The commission could here interstate accusations But no one has done this yet as of 2000 Problems in Creating a Human Rights Court As of 1999 only Burkina Faso and Senegal had rati ed the plan to build a court 11 judges with equal regional and gender distribution Shall have autonomy Books of law will be the Charger and UN declarations of human rights Will be able to order a state to repay victims And should be funded by the OAU But seeing the OAU has trouble funding the commission let alone the court this remains to be seen
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