Overcoming challenges to the adjudication of election-related disputes at the African Commission on Human and Peoples' Rights: Perspectives from the Ngandu case

The African Charter on Human and Peoples' Rights (African Charter or Charter) does not contain a clause permitting suspension of human rights during while major human rights instruments allow state parties to suspend some rights. The African Commission on Human and Peoplesâ?? Rights (African Commission or Commission) has repeatedly held that a declaration of a state of emergency cannot be invoked as a justification for violations or permitting violations of the African Charter. The silence of the African Charter and the position of the African Commission have not been welcomed by some scholars. The African Charter enjoys universal ratification as all member states of the African Union are parties thereto. Upon ratification, state parties have undertaken to adopt legislative and other measures to give effect to the rights recognised therein. However, an examination of their constitutions reveals that state parties have not taken sufficient legislative measures to ensure compatibility of their laws with the African Charter. As a result, many African constitutions contain clauses. This article argues that the omission of a clause from the African Charter was not a mistake. And it is not a defect in the Charter. Rather, it shows positive development of human rights norms in Africa and should not be seen as a defect. The arguments calling for incorporation of a clause fail to consider factors that may justify its absence. The incorporation of a clause in the African constitutions and consequently derogating from constitutional rights are violations of the African Charter and other international human rights treaties including the International Covenant on Civil and Political Rights (ICCPR). The article is organised in seven sections. The first section introduces the issues to be explored. The second section discusses the meaning of important terms such as derogation and public emergency, and the purpose served by derogating from human rights. The third section presents arguments against the absence of clauses together with the factors that may justify their absence. The fourth section makes a brief survey of the African constitutions to examine their compatibility with the African Charter. The fifth and sixth sections discuss the implication of derogating from the constitutional rights under the African Charter and other human rights instruments respectively. The last section makes some concluding remarks.

This contribution discusses how to improve the African system of human and peoples' rights on the basis both of the practice of the African Commission and of a revision of the African Charter in the light of the practice and experience of other regional human rights conventions and bodies. Particular emphasis is put on improvements in the procedure of communications. Furthermore, the role of the African Commission with regard to the move towards democracy and human rights in Africa and the relationship between the Commission and the OAU will be analyzed, and a number of proposals on strengthening the African Charter and the African Commission will be made. In presenting the actual situation of the African Commission particular attention is given to the results of the 11th and 12th sessions (March and October 1992 respectively) of the African Commission which in respect to some concerns were breaking new ground.

The African human rights system encompasses two major instruments: the African Charter on Human and Peoples' Rights, and the Protocol to the African Charter on Human and Peoples Rights on the Rights of Women in Africa. The enforcement and monitoring mechanisms for both the Charter and the Protocol are the African Commission on Human and Peoples' Rights and the African Court on Human and Peoples' Rights. The Court has power to give advisory opinions on an issue relevant to the African Charter or any other relevant human rights instrument. The advisory opinion may be requested by African Union States, the African Union or any of its organs or any African organisation recognised by the African Union. The effectiveness of the Commission and the Court will depend on the extent to which sufficient resources are provided for them to carry out their mandates. Keywords: African Charter; African human rights system; human rights instrument; monitoring mechanisms

Regional human rights systems play a crucial role in strengthening IHRL. Initial concerns that regional systems could undermine the universality of human rights law have been surmounted in light of the important results achieved. In particular regional human rights systems provide a significant layer of protection, they can be more effective than UN bodies as they are closely connected to political regional developments and they have largely contributed, especially through their jurisprudence, to the enhancement of IHRL. In the field of reparations the Inter-American Commission and the Inter-American Court have paved the way to all the major developments, also in cases affecting children. The African human rights system, and in particular the African Committee of Experts on the Rights of the Child, the African Commission and Court on Human Rights and People's Rights, will be also analysed as the African continent is the most affected by violations of children's rights in armed conflict. The European human rights system will not be included in this overview because it has not dealt wiThthe impact of armed conflict on children.

This chapter discusses how the African Commission and African Court on Human and Peoples’ Rights have interpreted state obligations under the African Charter, particularly the due diligence obligation to investigate, prosecute and punish human rights violations. The chapter considers the case law from the last 10 years of both the Commission and the Court. The authors find that while both bodies can, at times, be directive and detailed in how they want the States Parties’ obligations to be interpreted under the Charter, a consistent approach is yet to be developed. The chapter also looks at the approach taken by the African Commission and the African Court in assessing human rights violations under international treaties other than the Charter. The authors find that while both bodies tend to consider legal instruments other than the Charter in their assessments of the merits of human rights claims, their practice in finding violations under other instruments is yet to be developed consistently.

INTRODUCTION The most used legal dimension of human rights accountability - in the sense of invoking and determining responsibility - has materialized in the international and regional accountability system through two accountability procedures or mechanisms: - The individual complaints procedure; and - The inter-state complaint procedure In line with our definition of accountability these procedures entail a relationship between an accountholder and a power wielder where the latter is under the obligation to provide information about its conduct and may face consequences if it has failed to fulfil its obligations. In other words, they both present a legitimate accountability procedure. The main difference with the State reporting procedures is that individual complaint procedures lead to a formal decision on the legal responsibility of the State. They are thus more adversarial accountability procedures than the State reporting procedure. Consequently, the procedures contained detailed procedural and substantive rules in relation to the complaints submitted. A second common feature is that the decisions - or ‘views’ as they are called - of the CESCR, CRC, IACHR and African Commission have a non-legally binding character as a quasi-judicial body issues them. Quasi-judicial refers to ‘an organ that is not judicial and is not presided over by judges who render judgement, but is a forum/body that is presided over by members with other titles […], who examine cases of alleged human rights violations and apply the international legal norms as standards with which to judge a State's action'. In contrast, the African Court on Human and Peoples’ Rights (ACtHR), the European Court of Human Rights (ECtHR) and the Inter-American Court of Human Rights (IACtHR) are judicial bodies and thus their decisions are legally binding. Nevertheless, the quasi-judicial bodies strive to function as a genuine human rights court when deciding cases. In other words, they apply strict procedural and substantive rules and thus provide a formal accountability process for victims of human rights violations. The rules and their interpretation determine whether or not complaints in relation to the violation of extraterritorial obligations will be dealt with. In the sections below we will focus on issues of standing, material scope and jurisdiction in the international and regional human rights mechanisms that can deal with ESC rights.

The United Nations is a worldwide organization devoted to promote international peace and security, economic and social growth, and human rights. From its founding in 1945, the UN has been involved in a number of disputes and violations of human rights, both as a mediator and as an active participant. This research investigates the UN's role in preventing wars and human rights violations all around the globe. Moreover, the UN has taken part in peacekeeping initiatives around the world, notably in Somalia, the Democratic Republic of the Congo, and Bosnia and Herzegovina. These missions, which tried to re-establish security and stability in conflict-affected areas, have received praise in some instances but condemnation in others. This research paper examines how the United Nations responds to wars and breaches of human rights all across the world. It will specifically look at how the UN has intervened in numerous crises and peacekeeping operations, as well as how it has attempted to remedy human rights abuses by forging international laws and conventions. The essay will also look at instances where the UN's handling of conflicts and violations of human rights has come under fire and explore alternative avenues for the organization to increase its efficacy in advancing security, fairness, and human rights. The chapter on the United Nations, Wars, and Human Rights Violations has included several outlines that explore different aspects of the subject. First, an introduction of the book and its goals is presented, along with a short description of the United Nations and its efforts to date to address international conflicts and breaches of human rights. Second, The United Nations and Conflict Resolution Examines the UN's Authorization of Military Force and Peacekeeping Missions. The UN's abilities to avert violence, protect people, and promote stability during crises would be assessed. Third, The United Nations and Human Rights," and it looks at how the organization has responded to crises like the Rwandan genocide and the war in Yemen by enacting international treaties and conventions meant to defend human rights. The effectiveness of the United Nations in addressing human rights abuses, both in terms of preventing and reacting to mass crimes, would be evaluated. Forth, The UN's Response to Conflict and Human Rights Violations: A Critical Analysis is a chapter that examines the criticisms leveled against the United Nations for its response to conflicts and human rights violations, such as its inability to resolve ongoing conflicts and its inadequate response to genocide and other mass atrocities. The accountability procedures of the United Nations would be analysed to see how well they promote accountability and justice. Fifth, Case Studies Including the Rwandan genocide, the war in Syria, and the present situation in Myanmar, this chapter gives thorough case studies of various conflicts and human rights abuses in which the UN has been engaged. The UN's reaction to these crises and the lessons learnt from them would be the focus of this chapter. Sixth, "The Future of the UN," and it discusses the obstacles that the United Nations (UN) must overcome to fulfil its mission of promoting international peace, justice, and human rights. Addressing the causes of conflicts, promoting sustainable development, and forming partnerships with member states and other stakeholders are all possibilities that might increase the UN's efficiency in dealing with these issues. Seventh, Conclusion: An overview of the book's major arguments and conclusions, together with a discussion of their relevance to philosophy, policy, and practice. Every topic is structured in a way that provides a clear and concise overview of the topic, examines relevant research and literature, and offers insights and analysis into the key issues. The chapter would be intended for a broad audience, including students, scholars, policymakers, and anyone interested in the United Nations and its role in addressing global conflicts and human rights violations.

There is an undisputed and critical link between human rights and development, which is recognised by various international human rights instruments. After defining the concepts ‘human rights’ and ‘development’ - based on the views of a variety of bodies, institutions and human rights instruments - and discussing their interplay and relationship, this paper explores and acknowledges the level and extent of current practices of integrating human rights and development in Africa. It pays specific attention to the roles and dimensions of civil and political rights on the one hand, and socio-economic rights on the other, and how they impact on development in different, but important ways. Opportunities and prospects for promoting a human rights-based approach to development are discussed, with some mention of the role of the African Charter on Human and Peoples Rights, the African Commission on Human and Peoples’ Rights, and the African Court of Justice and Human Rights. However, particular and most attention is paid to the various strategies of the Unite Nations Millennium Development Goals (MDGs). Challenges such as poverty, poor governance, lack of democracy, conflict, health, and unpalatable cultural practices prevailing in Africa, are discussed. This considered, and given the backdrop of Africa’s varied and substantial political and socio-economic challenges, it is argued that adopting a human rights-based approach to development in Africa is imperative and critical.

The current rate of planetary destruction, which is grounded in an understanding of development as economic growth based on environmental exploitation, has catastrophic consequences for organized human existence. The African human rights system, through the African Charter on Human and Peoples' Rights (the African Charter), is one of the few international legal systems which provides for an enforceable right to development and to a healthy environment. This article argues that the dichotomy set up between the right to development and the right to a healthy environment is ultimately false, because an understanding of development which does not take account of the environmental aspects is untenable in the long run. It is argued that the African Charter and its interpretation by the African Commission and the African Court have resulted in the establishment of important principles towards a revised understanding of development, not based on economic considerations, but rather as human well‐being (physical, mental, emotional and social considerations) within a healthy environment. It is further argued that important principles in African environmental ethics should be recognized in interpreting the right to development, which require that development takes place with the necessary regard and reverence for the environment.

Some courts of Regional Economic Communities deal with human rights and they base their decisions on the African Charter on Human and Peoples’ Rights. Other subregional courts have directly or indirectly considered human rights matters. However, it is not clear whether the cases decided by subregional courts are admissible before the African Commission on Human and Peoples’ Rights or the African Court on Human and Peoples’ Rights. Focusing on the Economic Community of West African States Court of Justice, the East African Court of Justice, and the Southern African Development Community Tribunal, I argue that the African Commission or the African Court should not admit cases decided by subregional courts. First, accepting such cases would overburden the African Commission and the African Court. Second, the decisions of subregional courts are final according to the treaties establishing them. Third, states should not be tried twice by international institutions for the same violation. Fourth, decisions of subregional courts have res judicata effect. Fifth, subregional courts are envisaged under Article 56(7) of the African Charter. Finally, the African Court or the African Commission can interpret the text of the African Charter to preclude the admissibility ofcases decided by subregional courts.Key words: Admissibility, African Commission, African Court, subregional courts, res judicata

With an emphasis on the recurring trends of abuse and the legal frameworks put in place to deal with such misconduct, this study examined the frequency of human rights abuses by the Nigerian Police Force. Despite having constitutional and statutory protections like the 1999 Constitution (as amended), the Administration of Criminal Justice Act (2015), and the Police Act (2020), as well as being a signatory to important international human rights instruments like the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights (ICCPR), and the African Charter on Human and Peoples' Rights, widespread violations still plague law enforcement operations in Nigeria. Using documented reports from reliable organisations like Amnesty International, Human Rights Watch, and the National Human Rights Commission (NHRC), the study identifies and investigates frequent abuses, including extrajudicial killings, arbitrary detention, torture, unlawful arrests, and excessive use of force. It also looks at the structural causes of these abuses, including judicial incompetence, institutional weakness, corruption, militarised policing culture, and inadequate police welfare. Despite the existence of strong legislative restrictions, the study discovers that a lack of political will and a culture of impunity frequently compromise execution. Through the use of a qualitative methodology and secondary data analysis, the study emphasises how urgently training, accountability systems, law enforcement, and institutional control need to be changed. It concluded with important suggestions for advancing a police force that upholds human rights and fortifying Nigeria's legal and democratic systems. The report adds to the current conversation on protecting human rights and changing Nigerian policing.

Corporations possess the economic power and resources to contribute positively to the realisation of human rights. However, they have been linked to human rights abuses, frequently affecting the environment and people residing in close proximity to their operations. This state of affairs challenges the traditional state-centric nature of international human rights law that recognises that the state is the sole actor bound by human rights obligations. While the African human rights system does not overhaul international human rights law by expressly holding corporations accountable for human rights violations, it does recognise their complicity. This article explores the African Commission’s integral role in holding states accountable for protecting individuals within their jurisdiction from corporate interference with their right to a healthy environment. Drawing insights from the Social and Economic Rights Action Centre and the Centre for Economic and Social Rights v Nigeria (SERAC), the article reveals the African Commission’s guidance to states on measures to safeguard the right to a healthy environment. Also, the Commission’s proactive stance in offering soft law guidance applicable to corporations is commended as it encourages a culture of accountability. While the African human rights system has made positive strides, the state remains the primary enforcer of corporate accountability, and there is still a great need for multifaceted efforts to foster accountability among corporations operating on the continent.

The reinforcement of human rights ensures stronger protection mechanisms and accountability for violations. It also enhances compliance with legal frameworks, fostering dignity, justice, and equality for all. The article examines the enforcement of human rights under the 1981 African Charter on Human and Peoples’ Rights (Banjul Charter). The study uses a qualitative research methodology, employing primary data sources principally from the African Charter on Human and Peoples’ Rights 1981, the 1998 Protocol to the African Charter on Human and Peoples’ Rights, the 1948 Universal Declaration of Human Rights and a plethora of others. Secondary data comes from journal articles, newspapers, textbooks, internet sources, and reports. This study is anchored by the natural law theory, and the triple-pronged theory. The finding in this study reveals that regardless of the marginal success in the enforcement human rights under the Banjul Charter by key enforcement institutions like the African Commission on Human and Peoples’ Rights and the African Court on Human and Peoples’ Rights, more effort is needed as most states have been reluctant and lukewarm in complying with the provisions of the Charter. And as a corollary, it is incumbent to strengthen AU-oversight of state compliance, enhance domestication of Charter obligations in national law, protect or restore direct access under Article 34(6) of the Protocol, the need for a replacement of claw-back clauses with non-derogatory clauses, and the need to strengthen the reporting system.

This chapter examines the role of the African Union in the realization of human rights. It focuses on the principal human rights treaty adopted by the African Union—the African Charter on Human and Peoples’ Rights—and the main organs—the African Commission and the African Court on Human and Peoples’ Rights—that have been established to ensure its implementation. The chapter also considers the complementary African Peer Review Mechanism.

In 2019, the African Commission on Human and Peoples’ Rights adopted General Comment No 5 on the African Charter on Human and Peoples’ Rights: The Right to Freedom of Movement and Residence (Article 12(1)). In this general comment, the commission elaborated on the right to freedom of movement and residence within state borders. This issue, while explicit in international human rights law, is a challenge within various jurisdictions, including in Africa. This article provides a background to and commentary on General Comment No 5, leveraging on the insight of the authors, who participated in its drafting. Unlike the UN Human Rights Committee's earlier general comment, General Comment No 5 provides detailed guidance on the internal dimension of the right to free movement and residence. As “soft law”, its persuasive force depends on a number of factors, including its use at the domestic level, its visibility and its integration into regional human rights jurisprudence.