Socio-Political and Institutional Framework for Human Rights Protection in Africa

Fiala, Vlastimil (2025) Socio-Political and Institutional Framework for Human Rights Protection in Africa. LAW IDENTITY AND VALUES, 5 (2). pp. 27-56. ISSN 2786-2542

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Abstract

This article discusses the institutional framework for the protection of human rights in Africa. The main focus is on the emergence, development and organisational and structural delineation of the African Commission on Human and Peoples’ Rights. The analysis also highlights the historical circumstances of human rights violations on the African continent from the earliest times to the present day during four different phases (pre-colonial, colonial, post-colonial and modern). It then discusses the establishment, selection and replacement of the Commission, as well as the duties and rights of the candidates, their immunity and the possibility of terminating their membership. Particular attention is paid to the independence of Commission members and, where appropriate, their conflicts of interest. Then, the structure of the Commission is explained, defining its functions, as well as those of the Chairman, the Vice-Chairman and the role of the Secretariat. The study finally analyses the working procedures of the Commission and its relations with the African Union. It can be concluded that, due to the lack of democratisation in African countries, there is not enough political will among the ruling elites to respect human rights in these countries.

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