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The impact of the resolutions of the African commission on human and peoples’ rights
Thesis (LLD)--University of Pretoria, 2016.
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| Format: | Thesis |
| Language: | English |
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2026
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| _version_ | 1867613452342657024 |
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| access_status_str | Open Access |
| author2 | Viljoen, Frans |
| author_browse | Viljoen, Frans |
| author_facet | Viljoen, Frans |
| collection | Thesis |
| description | Thesis (LLD)--University of Pretoria, 2016. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/110135 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:36:22.373Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2026 |
| publishDateRange | 2026 |
| publishDateSort | 2026 |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/110135 The impact of the resolutions of the African commission on human and peoples’ rights Viljoen, Frans japhet.biegon@gamil.com Biegon, Japhet Kiplangat Impact Human rights Soft law African Commission Resolutions Thesis (LLD)--University of Pretoria, 2016. This thesis examines the impact of thematic and country-specific resolutions of the African Commission on Human and Peoples’ Rights. Although the Commission has entrenched the practice of adopting resolutions, little is known about what happens to the resolutions after adoption. Focusing on those resolutions adopted by the Commission by the end of 2014, the thesis draws upon various theories of international law and international relations to define and analyse their impact. Two broad definitions of impact are adopted in the study: (a) ‘direct impact’ (changes in state practices traceable back to the resolutions of the Commission); and (b) ‘indirect impact’ (use and reference of the resolutions by relevant stakeholders for multiple purposes). To gather empirical data of the impact of the resolutions, a methodology combining desk research, interviews, questionnaires and participation in the sessions of the African Commission was adopted. The overall finding of the thesis is that the Commission’s thematic and country-specific resolutions have limited and largely qualified impact. Some thematic resolutions have inspired the enactment of domestic laws but only in a few select countries. Domestic state agents and international institutions seldom use the resolutions in their work, and when they do, the level of use rarely rises above the superficial. Non-state actors (activists, NGOs, and academics) use the resolutions more frequently and innovatively. The resolutions have added succour to their efforts to advocate for human rights change. The thesis also establishes that UN special rapporteurs increasingly draw upon the resolutions either to demonstrate the global spread of a specific norm or to infuse legitimacy in their engagements with African states. The thesis finds that states are sensitive to the Commission’s country-specific resolutions and respond to them, at the discursive level, with a mixture of denial, counterarguments and acknowledgments. Apart from a few tactical concessions aimed at deflecting pressure, there is little evidence of structural changes in human rights practices traceable back to the naming and shaming effect of country-specific resolutions. However, the indirect impact of the resolutions is significant. The resolutions have generated states’ interest in the work and 11 activities of the Commission. This has in turn fostered some dialogue between the Commission and states, on the one hand, and between states and NGOs, on the other. The thesis identifies factors that enhance or constrain the impact of the resolutions. Those factors related to the Commission include ownership, quantity, quality, relevance and visibility of the resolutions. These factors have implications for the legitimacy of the resolutions and thus their impact. The political nature of the state was found to influence impact to the extent that it defines the domestic presence and dynamism of civil society. The dualist versus monist divide was found to have little influence, and so was the hard law versus soft law divide. The weak support for the Commission from the AU and the overall lack of institutional synergy and coordination in the organization adversely affects the impact of the Commission’s resolutions. Centre for Human Rights LLD 2026-05-15T17:26:24Z 2026-05-15T17:26:24Z 16/11/17 2016 Thesis http://hdl.handle.net/2263/110135 en application/pdf |
| spellingShingle | Impact Human rights Soft law African Commission Resolutions The impact of the resolutions of the African commission on human and peoples’ rights |
| title | The impact of the resolutions of the African commission on human and peoples’ rights |
| title_full | The impact of the resolutions of the African commission on human and peoples’ rights |
| title_fullStr | The impact of the resolutions of the African commission on human and peoples’ rights |
| title_full_unstemmed | The impact of the resolutions of the African commission on human and peoples’ rights |
| title_short | The impact of the resolutions of the African commission on human and peoples’ rights |
| title_sort | impact of the resolutions of the african commission on human and peoples rights |
| topic | Impact Human rights Soft law African Commission Resolutions |
| url | http://hdl.handle.net/2263/110135 |