The formation of the African Union (AU) holds great promise for Africa with
regard to development. It also brings a new dimension to human rights in Africa,
with the creation of the African Court. However, the OAUs legacy of human rights
supervision and the development of democracy lacks in many areas. Europe,
however, has manifested itself into an entity capable of trans-border cooperation
and has been able to sustain this over a long period of time.
What the OAU has accomplished in this regard is not compatible with the current
status of international law theory and practise. There is a need then for change in
these areas, and what better opportunity is there, than for a new dispensation in
regional governance to apply to relevant policies and programmes to effect this
change?
This dissertation will endeavour to present a study of how the European legacy in
Africa worked to the latter's detriment over the past five or six decades since
decolonisation. Yet, there are lessons that may be learnt from Europe's unification
that can be successfully implemented in Africa. Further, by analysing the
weaknesses of Africa's current system of human rights supervision, and rectifying
or reforming them, much may be accomplished in the advancement of the system.
Therefore reformation of the system will be discussed at length. However, the
success of the system will be evidenced by the commitment of its component
members.
Thus far the status quo in Africa reflects unwillingness on the part of the state to
surrender its sovereignty. This was one of the reasons for the impotence of the
OAU. Will the AU be able to overcome this condition? The onus remains on the
state to shore up their commitments to the treaties which they have ratified, and to
deliver on the promises they have made, because there are solutions, and whether
or not they are implemented ultimately depends on the AU. / Thesis (LL.M.)-University of Natal, 2003.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:ukzn/oai:http://researchspace.ukzn.ac.za:10413/9522 |
| Date | January 2003 |
| Creators | Bodasing, Anshal. |
| Source Sets | South African National ETD Portal |
| Language | en_ZA |
| Detected Language | English |
| Type | Thesis |
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