African Charter on Human and Peoples’ Right

African Charter on Human and Peoples’Right and the Peaceful Settlement of Disputes

Based on the Handbook on Peaceful Settlement of Disputes between States (1992, United Nations):

Adopted under the aegis of the Organization of African Unity, the African Charter adopted at Banjul created the African Commission on Human and Peoples’ Rights which may receive communications from States parties to the Charter alleging that another State party to the Charter has violated the Charter’s provisions. (1981 African Charter on Human and Peoples’ Rights, articles 47 to 49. The African Commission consists of II members serving in a personal capacity, who are elected by the Assembly of Heads of State and Government of the Organization of African Unity (Banjul Charter, articles 31-33).

These communications may be made either after the failure of a period of direct negotiations between the States concerned on the possible settlement of the human rights dispute or directly to the Commission. The Commission may seek all relevant information from the States concerned and also has mediatory and conciliatory functions, trying all appropriate means to reach an amicable solution.

In cases of a series of serious or massive violations of human and peoples’ rights, the Commission may also consider communications from States other than parties to the Charter. In all cases the Commission draws up a report stating its factual findings and its recommendations, which it transmits to the Organization of African Unity (OAU) Assembly of Heads of State and Government.

Guide to the Peaceful Settlement of International Disputes

• 1. Introduction to the Peaceful Settlement of International Disputes
• 2. Peaceful Resolution of Disputes Obligation, which comprises:
• a. History of Peaceful Settlement of Disputes Obligation
• b. Peaceful Settlement of Disputes Obligation Nature
• c. Obligation of Peaceful Settlement Scope
• d. Obligation of Peaceful Settlement Content
• 3. Means of Peaceful Settlement of Disputes between states, which comprises:
• a. Variety of Means of Peaceful Settlement
• b. Institutionalization of the Peaceful Means of Settlement
• c. History of the Peaceful Means of Settlement
• d. Peaceful Settlement of Disputes in International Organizations
• 4. Variety Use of Means of Peaceful Settlement
• 5. European Convention for the Peaceful Settlement of Disputes

References

See Also

Organization of African Unity

Further Reading

• The African Charter on Human and Peoples’ Rights: The System in Practice 1986-2006
  (M Evans, R Murray – 2008)
• African Charter on Human and Peoples’ Rights: A Legal Analysis, The (R Gittleman – Va. J. Int’l L., 1981)
• Human Rights in Africa: Thoughts on the African Charter on Human and Peoples’ Rights in the Light of Case Law from Botswana, Lesotho and Swaziland (SC Neff – International and Comparative Law Quarterly, 1984 – Cambridge Univ Press)