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A critical assessment of the possible role of the African Union in achieving the right to national and international peace and security in Africa

Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005.

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Other Authors: Hill, Enid
Format: Thesis
Language:English
Published: University of Pretoria 2006
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access_status_str Open Access
author2 Hill, Enid
author_browse Hill, Enid
author_facet Hill, Enid
collection Thesis
dc_rights_str_mv Centre for Human Rights, Law Faculty, University of Pretoria
description Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005.
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institution University of Pretoria (South Africa)
language English
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provenance_str_mv Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository
publishDate 2006
publishDateRange 2006
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spelling oai:repository.up.ac.za:2263/1163 A critical assessment of the possible role of the African Union in achieving the right to national and international peace and security in Africa Hill, Enid Tchoumavi, Messelo Boris-Ephrem UCTD Right to peace Right to security Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005. Prepared under the supervision of Dr. Enid Hill at the Political Science Department, American University in Cairo "Despite the above obligation enshrined in the African Charter on Human and Peoples' Rights (ACHPR), to protect, promote and fulfil the right to peace and security that is binding on them, African states are facing numerous armed conflicts. The African Commission on Human and Peoples' Rights (the African Commission) has already found a violation of the right to peace. In that case, the Commission has stated that 'the responsibility for protection is incumbent on the State', which has therefore the obligation to make sure that people's right to peace is not infringed, either by its own forces or by uncontrolled ones. The right to peace has therefore been recognised and interpreted by the relevant and authoritative monitoring body, the African Commission. The African Union (AU), composed of all African states except Morocco, has also committed itself to work towards peace and security in the continent. Most importantly, it has endorsed the ACHPR by committing itself to 'promote and protect human and peoples' rights in accordance with the African Charter on Human and Peoples' Rights and other relevant human rights instruments'. These provisions are binding not only on the states parties to the Constitutive Act of the African Union (the AU Act), but also upon the African Union itself, as an international organisation that enjoys international capacity. Indeed, the Constitutive Act of the African Union stands as the constitution of the organisation. There should therefore be no doubt that the provisions of the AU Act bind the AU. However, no effective mechanism designed to ensure the fulfilment of the aims and accountability of international organisations exists. The reality on the ground is that Africa is facing a significant number of situations in which there is no peace. These situations violate the people's right to peace and security as protected under article 23 of the ACHPR. In 2000, it was estimated that 20 percent of Africa south of the Sahara's population lived in countries that were facing war and low intensity conflict. There is therefore a need for assessing the AU institutional capacity to fulfil its constitutional obligation of protecting the people's right to peace and security. ... Chapter one of this paper introduces the matter and defines the context in which it will proceed. It is a general presentation of the study. Chapter two will be devoted to human rights within the African Union. The first part of the chapter will deal with the right to peace and security in particular. The legal position of the AU towards human rights in Africa will then be discussed. Chapter three will be dealing with examples of the involvement of the AU in peace building on the continent. Chapter four will present and assess the AU's framework intended to realise peace and security in Africa. Chapter five will be focussed on the specific programmes of the AU that have a peace and security component. Chapter six will draw conclusions and make recommendations." -- Introduction. http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html Centre for Human Rights LLM 2006-11-28T10:50:05Z 2006-11-28T10:50:05Z Nov-05 2005 Mini Dissertation Tchoumavi, MB 2005, A critical assessment of the possible role of the African Union in achieving the right to national and international peace and security in Africa, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/1163> http://hdl.handle.net/2263/1163 en LLM Dissertations 2005(22) Centre for Human Rights, Law Faculty, University of Pretoria 322825 bytes application/pdf application/pdf University of Pretoria
spellingShingle UCTD
Right to peace
Right to security
A critical assessment of the possible role of the African Union in achieving the right to national and international peace and security in Africa
title A critical assessment of the possible role of the African Union in achieving the right to national and international peace and security in Africa
title_full A critical assessment of the possible role of the African Union in achieving the right to national and international peace and security in Africa
title_fullStr A critical assessment of the possible role of the African Union in achieving the right to national and international peace and security in Africa
title_full_unstemmed A critical assessment of the possible role of the African Union in achieving the right to national and international peace and security in Africa
title_short A critical assessment of the possible role of the African Union in achieving the right to national and international peace and security in Africa
title_sort critical assessment of the possible role of the african union in achieving the right to national and international peace and security in africa
topic UCTD
Right to peace
Right to security
url http://hdl.handle.net/2263/1163