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The Reform of the African System of Human Rights Protection

Published online by Cambridge University Press:  28 February 2017

Fatsah Ouguergouz
Fatsah Ouguergouz*
Affiliation:
African Court of Human and Peoples’ Rights
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Abstract

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Type
Strengthening Human Rights Mechanisms Around the World
Information
Proceedings of the ASIL Annual Meeting , Volume 101 , 2007 , pp. 427 - 431
Copyright
Copyright © American Society of International Law 2007

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References

1 The Constitutive Act of the African Union was adopted on July 11, 2000, at Lomé, Togo, and entered into force on May 26, 2001. See Text of the Constitutive Act of the African Union, 8 Afr. Y. B. Int’l L. 479 (2000).

2 Paragraph 9 of the Preamble of the Constitutive Act provides that the “Heads of State and Government of the Member States of the Organization of African Unity” are “determined to promote and protect human and peoples’ rights, consolidate democratic institutions and culture, and to ensure good governance and the rule of law.” Id.

3 This provision has been expanded by the Protocol of 2003 on Amendments to the Constitutive Act of the African Union, to read: “[ ] as well as a serious threat to legitimate order to restore peace and stability to the Member State of the Union upon the recommendation of the Peace and Security Council.” The Protocol is not yet in force. in addition, Article 4(j) of the Constitutive Act provides for “the right of Member States to request intervention from the Union in order to restore peace and security.”

4 These provisions appear in Articles 30 and 23(2) of the Constitutive Act.

5 See Article 2, paragraph 2, of the Protocol of the Court of Justice.

6 See Decision on the Merger of the African Court of Human and Peoples’ Rights and the Court of Justice of the African Union, African Union Doc. AU/Dec. 83 (V) (2005).

7 See Decision on the Merger of the African Court of Human and Peoples’ Rights and the Court of Justice of the African Union, African Union Doc. EX.CL/Dec. 237(VIII) (2006).