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| Specific
Instruments |
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Rules of Procedure of the African Commission on Human and Peoples' Rights |
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| Date of adoption:
6/10/1995 |
Entry into
force:
- |
| System of protection:
Organization of African Unity |
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| General
Instruments |
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African Charter on Human and Peoples' Rights (Banjul Charter) |
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| Date of adoption:
27/6/1981 |
Entry into
force:
21/10/1986 |
| System of protection:
Organization of African Unity |
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| Articles |
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The African Human Rights System: A Critical Evaluation |
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Makau MUTUA |
| Latest update:
28/06/2002 |
First published:
2000 |
| Reference:
UNDP Human Development Report Office (HDRO) Background Paper, 2000 |
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Critically evaluates the African system and its hopes for improvement through the installation of an African Human Rights Court. |
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| Websites |
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African Human Rights Resource Center |
| Languages:
English |
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African human rights instruments - Africa-related links - OAU - ACHPR - HRC - Bibliographies - other information. |
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African Commission on Human and Peoples' Rights |
| Languages:
English French |
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Official Website of the African Commission - Not much documentation. |
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| Selected
Case Law |
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S.O.S.-Esclaves v. Mauritania |
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| Date:
5/5/1999 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communications No. 198/97, in Annex V (Decisions on Communications) to the Twelfth Annual Activity Report of the African Commission on Human and Peoples' Rights, 1998-1999 (ACHPR/RPT/12th). |
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Slavery - Alleged violations of Articles 2, 3, 4, 5, 6, 7, 9, 11 and 15 - Inadmissible due to non-exhaustion of domestic remedies. |
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Amnesty International v. Zambia |
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| Date:
5/5/1999 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communications No. 212/98, in Annex V (Decisions on Communications) to the Twelfth Annual Activity Report of the African Commission on Human and Peoples' Rights, 1998-1999 (ACHPR/RPT/12th). |
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Illegal deportation of prominent political figures - Alleged "forcible exile" - Freedom of Association - Violation of Articles 2, 7(1)(a), 8, 9(2), 10, 18(1) and (2) - No violation of Article 12 (2) based on restriction. |
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Constitutional Rights Project and Civil Liberties Organisation v. Nigeria |
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| Date:
31/10/1998 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communication No. 102/93, in Annex V (Decisions on Communications) to the Twelfth Annual Activity Report of the African Commission on Human and Peoples' Rights, 1998-1999 (ACHPR/RPT/12th). |
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Annulment of free elections - Arrests - Seizure of magazines - Violations of Articles 1 (respect for rights in the Charter), 6 (Liberty and Security), 9 (Freedom of expression and to receive information) and 13 (Right to participate in government). |
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Media Rights Agenda, Constitutional Rights Project, Media Rights Agenda and Constitutional Rights Project v. Nigeria |
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| Date:
31/10/1998 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communications No. 105/93, 128/94, 130/94, 152/96, in Annex V (Decisions on Communications) to the Twelfth Annual Activity Report of the African Commission on Human and Peoples' Rights, 1998-1999 (ACHPR/RPT/12th). |
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Proscribed publication of magazines and newspapers following annulment of 1993 elections - Freedom of Expression - Right to property - Violation of Articles 6, 9.1, 9.2, 7.1(c), 7.2, 14, and 16. |
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International Pen, Constitutional Rights Project, Interights on behalf of Ken Saro-Wiwa Jr. and Civil Liberties Organisation v. Nigeria |
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| Date:
31/10/1998 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communications No. 137/94, 139/94, 154/96 and 161/97, in Annex V (Decisions on Communications) to the Twelfth Annual Activity Report of the African Commission on Human and Peoples' Rights, 1998-1999 (ACHPR/RPT/12th). |
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Arrest, detention and execution of writer and activist - Execution while case pending before African Commission - Violation of Articles 1, 4, 5, 6, 7.1(b)(c) and (d), 9.2, 10.1, 11, 16, and 26. |
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Union Inter Africaine des Droits de l'Homme and 4 other NGOs v. Angola |
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| Date:
11/11/1997 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communication No. 159/96, in Annex II (Communications) to the Eleventh Annual Activity Report of the African Commission on Human and Peoples' Rights, 1997-1998 (ACHPR/RPT/11th). |
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Illegal expulsions of aliens, including mass expulsions - Violation of Article 2 (Non-discrimination), 7 para. 1a (Due process), 12 paras. 4 and 5 (Prohibition of illegal and mass expulsions), 14 (Right to Property), 18 (Protection of the family). |
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Bob Ngozi Njoku v. Egypt |
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| Date:
11/11/1997 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communication No. 40/90, in Annex II (Communications) to the Eleventh Annual Activity Report of the African Commission on Human and Peoples' Rights, 1997-1998 (ACHPR/RPT/11th). |
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Student arrested in transit through Egypt - Life sentence - No violation - Due process - Freedom of movement. |
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Rencontre Africaine pour la Défense des Droits de l'Homme v. Zambia |
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| Date:
10/1997 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communication No. 71/92, in Annex X (Communications) to the Tenth Annual Activity Report of the African Commission on Human and Peoples' Rights, 1996-1997 (ACHPR/RPT/10th). |
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Mass deportations - Local remedies not available - Violation of Articles 2 (enjoyment of rights without distinction), 7.1(a) (right to appeal), and 12(5) (prohibition of mass expulsion of non-nationals). |
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Annette Pagnoulle (on behalf of Abdoulaye Mazou) v. Cameroon |
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| Date:
4/1997 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communication No. 39/90, in Annex X (Communications) to the Tenth Annual Activity Report of the African Commission on Human and Peoples' Rights, 1996-1997 (ACHPR/RPT/10th). |
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Arbitrary detention - Military trial - No reinstatement of victim in his position as a magistrate following amnesty - Violations of Articles 6 (Liberty and security), 7.1(b), 7.1(d) (Due process) and 15 (Right to work). |
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Peoples' Democratic Organisation for Independence and Socialism v. The Gambia (Report on an Amicable resolution) |
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| Date:
10/1996 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communication No. 44/90, in Annex X (Communications) to the Tenth Annual Activity Report of the African Commission on Human and Peoples' Rights, 1996-1997 (ACHPR/RPT/10th). |
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Voter registration - Alleged violation of Article 13 (Right to participate in government) - Change of government - Friendly settlement. |
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Free Legal Assistance Group, Lawyers' Committee for Human Rights, Union Interafricaine des Droits de l'Homme, Les Témoins de Jehovah v. Zaire |
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| Date:
10/1995 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communications Nos. 25/89, 47/90, 56/91, 100/93 (Joined), in Annex on Communications to the Ninth Annual Activity Report of the African Commission on Human and Peoples' Rights, 1995-1996 (ACHPR/RPT/9th), AHG/207 (XXXII). |
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Economic, social and cultural rights - Zaire violates right to health (Art. 16, by failing to provide basic services) and right to education (Art. 17) - "Serious and massive violations" - Violation of Articles 4, 5, 6, 7, 8, 16 and 17. |
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Commission Nationale des Droits de l'Homme et des Libertés v. Chad |
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| Date:
10/1995 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communication No. 74/92, in Annex on Communications to the Ninth Annual Activity Report of the African Commission on Human and Peoples' Rights, 1995-1996 (ACHPR/RPT/9th), AHG/207 (XXXII). |
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African Charter does not allow for derogations from treaty obligations during emergency situations - Civil war in Chad cannot be used as an excuse - "Serious and massive violations" - Horizontal effect - Violations of Articles 4, 5, 6, 7. |
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Civil Liberties Organization v. Nigeria |
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| Date:
3/1995 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communication No. 129/94, in Annex on Communications to the Ninth Annual Activity Report of the African Commission on Human and Peoples' Rights, 1995-1996 (ACHPR/RPT/9th), AHG/207 (XXXII). |
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Communication No. 129/94, in Annex on Communications to the Ninth Annual Activity Report of the African Commission on Human and Peoples' Rights, 1995-1996 (ACHPR/RPT/9th), AHG/207 (XXXII). |
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Constitutional Rights Project c. Nigeria (in respect of Wahab Akamu, G. Adega and others) |
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| Date:
1995 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communication No. 60/91, in Annex on Communications to the Eighth Annual Activity Report of the African Commission on Human and Peoples' Rights, 1994 - 1995 (ACHPR/RPT/8th), at no. 9. |
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Violation of Article 7(a), (c) and (d) (Fair trial: avenues of appeal, right to defence, impartial composition of tribunal) - Liberal stance on admissibility - Local remedy (appeal to a governor) did not need exhaustion - Interim measures requested. |
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Krischna Achutan (on behalf of Aleke Banda), Amnesty International on behalf of Orton and Vera Chirwa v. Malawi |
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| Date:
1995 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communications Nos. 64/92, 68/92, 78/92 in Annex on Communications to the Eighth Annual Activity Report of the African Commission on Human and Peoples' Rights, 1994-1995 (ACHPR/RPT/8th), at no. 11. |
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Political prisoners - Arbitrary detention - Violation of Articles 4, 5, 6, and 7, para. 1, (a), (c) and (d) (Life, torture, liberty and security, due process). |
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Katangese Peoples' Congress v. Zaire |
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| Date:
1995 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communication No. 75/92, in Annex on Communications to the Eighth Annual Activity Report of the African Commission on Human and Peoples' Rights, 1994-1995 (ACHPR/RPT/8th), at no. 12. |
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Are group claims permitted under Article 56(1)c (compatibility ratione personae)? Inconclusive - Case brought by an organization on behalf of a people - Claim: the denial of self-determination, no other specific violation (no merit). |
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Constitutional Rights Project (in respect of Zamani Lakwot and 6 others) v. Nigeria |
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| Date:
1995 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communication No. 87/93, in Annex on Communications to the Eighth Annual Activity Report of the African Commission on Human and Peoples' Rights, 1994-1995 (ACHPR/RPT/8th), at no. 15. |
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Violation of Article 7(a), (c) and (d) (Fair trial: avenues of appeal, right to defence, impartial composition of tribunal) - Liberal stance on admissibility - Remedy available not of a nature that requires exhaustion according to Art. 56, para. 5. |
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International Pen v. Sudan (in respect of Kemal al-Jazouli) |
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| Date:
1995 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communication No. 92/93, in Annex on Communications to the Eighth Annual Activity Report of the African Commission on Human and Peoples' Rights, 1994-1995 (ACHPR/RPT/8th), at no. 18. |
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Victim held incommunicado without charge for 3 months - Inadmissible - Non-exhaustion of local remedies. |
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Civil Liberties Organization in respect of the Nigerian Bar Association v. Nigeria |
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| Date:
1995 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communication No. 101/93 in Annex on Communications to the Eighth Annual Activity Report of the African Commission on Human and Peoples' Rights, 1994 - 1995 (ACHPR/RPT/8th), at no. 19. |
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Governmental decree alleged to violate freedom of association of Nigerian lawyers (Art. 7) - Violation of Articles 6, 7, and 10 - Commission rules that the decree be annulled. |
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Jean Yaovi Degli (in the name of Caporal N. Bikagni), Union Interafricaine des Droits de l'Homme, Commission International de Juristes v. Togo |
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| Date:
1995 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communications Nos. 83/92, 88/93, 91/93 (Joined), in Annex on Communications to the Eighth Annual Activity Report of the African Commission on Human and Peoples' Rights, 1994-1995 (ACHPR/RPT/8th), at no. 13. |
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After sending a delegation to Togo, the Commission is satisfied that the new administration has dealt satisfactorily with the issues, which allegedly amounted to "serious and massive violations" under Article 58. |
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Center for the Independence of Judges and Lawyers v. Algeria, and Others |
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| Date:
1995 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communications No. 104/94, 109 - 126/94, in Annex on Communications to the Eighth Annual Activity Report of the African Commission on Human and Peoples' Rights, 1994-1995 (ACHPR/RPT/8th), at no. 20. |
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Inadmissible based on Articles 56(1), (2)b and c (anonymity, compatibility with the present Charter ratione materiae and ratione personae). |
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Krishna Achuthan and Amnesty International v. Malawi |
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| Date:
1994 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communication Nos. 64/92, 68/92, 78/92 in Annex: Decisions/Recommendations on Communications, in African Commission on Human and Peoples' Rights, Seventh Annual Activity Report, 1993-1994, (ACHPR/RPT/7th), at no. 38. |
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Wrongful detentions and denial of rights. Violation of Articles 4, 5 and 7 (inviolability of the human person, respect for inherent human dignity, due process). |
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Jean Y. Degli (on behalf of Bikagni) v. Togo |
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| Date:
1994 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communication No. 83/92, linked with 88/93 and 91/93, in Annex: Decisions/Recommendations on Communications, in African Commission on Human and Peoples' Rights, Seventh Annual Activity Report, 1993-1994, (ACHPR/RPT/7th), at no. 43. |
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Commission confirms interim measures taken to avoid any "irreparable prejudice inflicted on the victim" (follow-up). |
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Lawyers Committee for Human Rights v. Zaire |
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| Date:
1994 |
| Decision-making body:
African Commission on Human and Peoples' Rights |
| Legal reference:
Communication No. 47/90, in Annex: Decisions/Recommendations on Communications, in African Commission on Human and Peoples' Rights, Seventh Annual Activity Report, 1993-1994 (ACHPR/RPT/7th), at no. 52. |
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Arbitrary arrests, detention, torture, etc. - "Series of serious or massive violations of human and peoples' rights" - Attention of the AHSG called to the situation according to Article 58(1) of the African Charter. |
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| Case Law
Websites |
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African Human Rights Database |
| Languages:
English |
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Part of the Documents and Library of the Centre for Human Rights of the University of Pretoria, this database collects treaties, documentation, and new developments, including authoritative jurisprudence of the African Commission (dating from 1996). |
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INTERIGHTS, the International Centre for the Legal Protection of Human Rights |
| Languages:
English |
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International Human Rights Law Database (reports highlighting decisions of international human rights tribunals and bodies) - Commonwealth Human Rights Case Law Database (summaries of recent human rights decisions from national courts) |
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| Reports |
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| Books |
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The African Commission on Human and Peoples' Rights and International Law |
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Rachel MURRAY |
| Reference:
Oxford and Portland, OR, Hart Publishing, 2000 |
| Languages:
English |
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This excellent resource discusses theoretical and historical issues pertaining to the African Commission, as well as legal notions of State, Personality, Times of War and Peace, and Amicable vs. Judicial settlements. |
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Code de droit international des droits de l'homme |
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Olivier DE SCHUTTER - Françoise TULKENS - Sébastien VAN DROOGHENBROECK |
| Reference:
Bruxelles, Bruylant, 2003 |
| Languages:
French |
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2nd edition (updated to May 1st, 2003) of this collection of the main international instruments (as well universal as regional) regarding the protection of fundamental human rights. |
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Recueil juridique des droits de l'homme en Afrique (1996-2000) |
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Paul Tavernier Ed. - Paul TAVERNIER |
| Reference:
Bruxelles, CREDHO & human rights law in Africa Series, Bruylant, 2002 |
| Languages:
English French |
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I. United Nations and human rights in Africa : a report -- II. Regional protection : Organization of African Unity (a report), European Union, Francophonie -- III. National protection (per country) -- Treaties, rafications and a large bibliography |
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| Periodicals |
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| Human Rights
Actors |
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Comité Sénégalais des Droits de l'Homme (Sénégal) (CSDH) |
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Type:National Human Rights Institution |
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National Human Rights Institution granted affiliate status with the African Commission on Human and Peoples' Rights. |
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Commission Nationale des Droits de l'Homme du Rwanda () |
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Type:National Human Rights Institution |
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National Human Rights Institution granted affiliate status with the African Commission on Human and Peoples' Rights. |
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Commission Nationale des Droits de l'Homme et des Libertés Fondamentales (Niger) () |
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http://www.delgi.ne/presidence/cndhlf.htm |
Type:National Human Rights Institution |
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National Human Rights Institution granted affiliate status with the African Commission on Human and Peoples' Rights. |
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Malawi National Human Rights Commission () |
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Type:National Human Rights Institution |
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National Human Rights Institution granted affiliate status with the African Commission on Human and Peoples' Rights. |
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Master's Degree (LLM) in Human Rights and Democratisation in Africa () |
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http://www.up.ac.za/chr/newmasters/masters.html |
Type:Research / Education |
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A regional co-operation initiative under the auspices of the Association of African Universities (AAU) - Focusses specifically on human rights as seen from the African perspective - One academic year - Centre for Human Rights, University of Pretoria. |
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Observatoire National des Droits de l'Homme d'Algerie () |
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Type:National Human Rights Institution |
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National Human Rights Institution granted affiliate status with the African Commission on Human and Peoples' Rights. |
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The National Commission for Democracy and Human Rights (Sierra Leone) (NCDHR) |
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http://www.sierra-leone.org/ncdhr102501.html |
Type:National Human Rights Institution |
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National Human Rights Institution granted affiliate status with the African Commission on Human and Peoples' Rights. |
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Union Interafricaine des Droits de l'Homme (UIDH) |
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http://www.hri.ca/partners/uidh/ |
Type:NGO (Non-Governmental Organization) |
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A pan-African NGO working in the area of the defense, the promotion and the protection of human rights, democracy and development. |
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