TY - JOUR
T1 - Human rights enforcement in africa
T2 - Enhancing the pan-african parliament’s capacity to promote and protect human rights
AU - Ncube, Swikani
N1 - Publisher Copyright:
© 2020, Pretoria University Law Press. All rights reserved.
PY - 2020
Y1 - 2020
N2 - To realise the promises and obligations emanating from various human rights frameworks that set regional normative standards, regional organisations have created organs and agencies with clear mandates. The Pan-African Parliament is one such organ in the context of the African Union. Indeed, article 3(2) of the Protocol establishing the Parliament lists the promotion of ‘the principles of human rights and democracy in Africa’ as one of its core objectives. However, the status quo clearly shows that the Parliament lacks the capacity to contribute meaningfully to the human rights agenda on the continent. Despite this deficiency, this article explores other avenues through which the organ can effectively contribute to its human rights mandate. However, the contribution questions the wisdom in adopting model laws in the absence of mechanisms to ensure the buy-in of member states as well as the adoption of these laws in national jurisdictions. Finally, the article proposes enhanced cooperation between the Parliament and various AU organs burdened with a human rights mandate to ensure that these organs ‘speak the same language’ and advance collective positions in furtherance of the broad AU human rights framework.
AB - To realise the promises and obligations emanating from various human rights frameworks that set regional normative standards, regional organisations have created organs and agencies with clear mandates. The Pan-African Parliament is one such organ in the context of the African Union. Indeed, article 3(2) of the Protocol establishing the Parliament lists the promotion of ‘the principles of human rights and democracy in Africa’ as one of its core objectives. However, the status quo clearly shows that the Parliament lacks the capacity to contribute meaningfully to the human rights agenda on the continent. Despite this deficiency, this article explores other avenues through which the organ can effectively contribute to its human rights mandate. However, the contribution questions the wisdom in adopting model laws in the absence of mechanisms to ensure the buy-in of member states as well as the adoption of these laws in national jurisdictions. Finally, the article proposes enhanced cooperation between the Parliament and various AU organs burdened with a human rights mandate to ensure that these organs ‘speak the same language’ and advance collective positions in furtherance of the broad AU human rights framework.
KW - African Union
KW - Human rights
KW - Human rights promotion
KW - Pan-African Parliament
UR - http://www.scopus.com/inward/record.url?scp=85100857007&partnerID=8YFLogxK
U2 - 10.17159/1996-2096/2020/v20n1a4
DO - 10.17159/1996-2096/2020/v20n1a4
M3 - Article
AN - SCOPUS:85100857007
SN - 1609-073X
VL - 20
SP - 103
EP - 124
JO - African Human Rights Law Journal
JF - African Human Rights Law Journal
IS - 1
ER -