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Assessing Regional Approaches to The Protection of Human Rights: The Case of The Stillborn African Court on Human and Peoples’ Rights

The article argues that as presently structured, facilitated and mistrusted, the African Court on Human and Peoples’ Rights is ill-suited for the tasks it was envisaged to perform, as reflected both in the Protocol and Statute establishing the institution. The Protocol establishing the Court failed to put in place a mechanism to ensure that the judges measured up to the qualifications and practical, professional and judicial wisdom demanded of a continental Court on Human and Peoples’ Rights. Worse still, Article 2 of the Protocol assigns the African Court a subordinate role to the African Commission on Human and Peoples’ Rights, whose membership is largely non-judicial and whose role is mainly advisory to the organs of the African Union and its member states.

 

Publication Type

Publication Date

03/07/2009

Author(s)

G.W. Kanyeihamba

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