A CRITICAL ANALYSIS OF THE NORMATIVE STRUCTURE OF THE AFRICAN UNION HUMAN RIGHTS SYSTEM

Abstract

The African Charter on Human and Peoples’ Rights has been showered with praises both at the domestic, regional and international levels as a human rights instrument uniquely tailored to resolving human rights issues which were hitherto prevalent in the Continent especially foreign domination. This work examined the normative structure of African Human Rights System. The aim of the work was to critically examine the strength and/or the weakness of Africa’s human rights normative structure with a view of making recommendations that will solve grey issues of human rights promotion, respect, protection and fulfillment. The work’s major objectives were to chronicle African Union Human Rights instruments such as the African Charter on Human and Peoples’ Rights, African Charter on the Rights and Welfare of the Child, Protocols to the African Charter on Human and Peoples Rights on Rights of Women in African and Protocol on the Establishment of the African Court on Human and Peoples’ Rights and so on, and examine their normative structure; to identify and critically appraise the categories of Human and Peoples Rights guaranteed by the various human rights instruments in African with particular focus on the African Charter on Human and Peoples Rights. The doctrinal research methodology was adopted majorly in this work. It was discovered that the right to privacy, the right against forced labour, right to free and fair elections were not clearly provided for and/or not named and guaranteed as part. of civil and political rights. Also, it was further discovered that economic rights particularly under the African Charter were scantily provided; no specific provisions to the right to food shelter and water. It was concluded that a lot is required to be done in the area of civil and political rights, economic and social rights, and peoples rights in the continent particularly in regard to respect, protection and fulfillment of these rights. The work recommended that the African Union should initiate measures geared toward drafting and adopting African Charter on economic, Social, and Culture rights, tailored to restraining the egregious violations of economic, social, and cultural rights of individuals and Peoples in the African Continent.