When African states were under colonisation, the colonial masters violated the rights of the African people &ndash / men, women and children- with impunity. The protection and promotion of human rights was, however, not high on the agenda of African countries at independence. This is reflected in the 1963 Charter of the Organisation of African Unity, which does not accord the promotion and protection of human rights the status they deserve. The preamble to the OAU Charter states that the states are to promote international cooperation having due regard to the Charter of the United Nations and the Universal Declaration of Human Rights. It is against that background, that many African states violated human rights in the immediate post-independence era and continue to do so.<br />
More recently, African countries have taken steps to follow the world trends of the promotion and protection human rights. This has resulted in the adoption of the African Charter on Human and Peoples&rsquo / Rights (that has mechanisms of ensuring that human rights are promoted and protected in Africa), the desire to establish the African Court on Human and Peoples&rsquo / Rights, the adoption of the African Charter on the Rights and Welfare of the Child, the Grand Bay Declaration, the Protocol on the Rights of Women, and the adoption of the Constitutive Act of the African Union. The Constitutive Act of the African Union emphasises the protection and promotion of human rights.<br />
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However, one scholar has doubts whether by adopting the Constitutive Act of the African Union African leaders were genuinely committed to the protection and promotion of human rights and he is of the view that the &lsquo / treaty could actually provide a cover for Africa&rsquo / s celebrated dictators to continue to perpetrate human rights abuses.&rsquo / <br />
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Torture continues to feature as a serious human rights violation in Africa. This explains why during its 32nd ordinary session held in Banjul, The Gambia, the African Commission on Human and Peoples&rsquo / Rights (the African Commission) resolved to adopt the Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in Africa (The Robben Island Guidelines (RIG)). This is a new development in Africa aiming at &lsquo / operationalising&rsquo / article 5 of the African Charter. The RIG are phrased in a seemingly ambitious language but their implementation by the African States remains doubtful because they are not legally binding. This has to be viewed in the light of the fact that many African countries are States Parties to major regional and international human rights instruments but human rights violations still persist.
| Identifer | oai:union.ndltd.org:UNWC/oai:UWC_ETD:http%3A%2F%2Fetd.uwc.ac.za%2Findex.php%3Fmodule%3Detd%26action%3Dviewtitle%26id%3Dinit_6350_1174565265 |
| Date | January 2005 |
| Creators | Ddamulira, Mujuzi Jamil |
| Source Sets | Univ. of Western Cape |
| Language | English |
| Detected Language | English |
| Type | Theses and Dissertations |
| Format | |
| Coverage | ZA |
| Rights | Copyright: University of the Western Cape |
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