The Jurisdiction of The African Commission on Human and Peoples' Rights to Ensure Compliance Against Violation by Member States

Aboi, Dinet (2008) The Jurisdiction of The African Commission on Human and Peoples' Rights to Ensure Compliance Against Violation by Member States. Masters thesis, Addis Ababa University.

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Abstract

This research has addressed the African rcgion a l human rights system within the ambit of the jurisdiction conferred upon the Commission on Human and Peoples ' Rights. Hi s torically s peaking, the very fact that OAU / AU member countries came to accept uniform obligations to observe provis ion s c n s hrined in the Charter is a s ignifican t step towards the right direction. But given the poor human rights rccords of virtua lly most of the member states, thc Commission might have not found it easy to act as much as what the Charter seems to a nticipa te. The resear ch has, therefore, investigated the different circumsta n ces in which member s ta tes seemed to comply with the recommenda tion s of the Commiss ion. When they did that, it is found out that they did it on ly as a mark of good fa ith and freely granted consent. On the other h and, member states have shown their r esIsta nce whenever they found the r ecommenda ti on of the Commission con trary to th eir intc rests and cven prejudices. Thus, the Commission a ppea red to be h a ndicapped to do as much as pos s ible . The necd to have a supplementary mech a nism in order to follow up implementation of recommcndations has been suggested in these reasons. Furth er, the Commission need s to reconsider the existing systems in which it determines what should be the appropria te remedia l measures in huma n rights rela ted cases. These su ggestions a re remedy based , among othcr things, on the lessons derived from th c workings of oth er multila tera l organizations which a re considered very briefly. However , due to the novelty of the th eme addressed in this research, my research effort is initiated to be only on modest con tribution to the on -going discourse on the subject.

Item Type:	Thesis (Masters)
Subjects:	H Social Sciences > H Social Sciences (General) J Political Science > JA Political science (General)
Divisions:	Africana
Depositing User:	Kabiru Wallace Ndung'u
Date Deposited:	24 Jun 2019 10:19
Last Modified:	24 Jun 2019 10:19
URI:	http://thesisbank.jhia.ac.ke/id/eprint/9270

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